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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Aviation Funding Sta5 bility Act of 2019’’. 


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1 SEC. 2. FUNDING FOR THE FEDERAL AVIATION ADMINIS2 TRATION IN THE EVENT OF A LAPSE IN AP3 PROPRIATION. 

4 (a) IN GENERAL.—If, with respect to the Federal 

5 Aviation Administration, an appropriation measure for a 

6 fiscal year is not enacted before the beginning of such fis7 cal year or a joint resolution making continuing appropria8 tions is not in effect, amounts in the Airport and Airway 

9 Trust Fund not otherwise appropriated shall be available 

10 to the Administrator for continuing programs, projects, or 

11 activities (including the costs of direct loans and loan 

12 guarantees) that were conducted with amounts made 

13 available for the Federal Aviation Administration, includ14 ing for the accounts ‘‘Federal Aviation Administration— 

15 Operations’’, ‘‘Federal Aviation Administration—Facili16 ties and Equipment’’, ‘‘Federal Aviation Administration— 

17 Research, Engineering, and Development’’, and ‘‘Federal 

18 Aviation Administration—Grants-in-Aid for Airports’’ in 

19 the preceding fiscal year— 

20 (1) in the corresponding appropriation Act for 

21 such preceding fiscal year; or 

22 (2) if the corresponding appropriation bill for 

23 such preceding fiscal year did not become law, then 

24 in a joint resolution making continuing appropria25 tions for such preceding fiscal year. 


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1 (b) RATE FOR OPERATIONS.—Appropriations and 

2 funds made available, and authority granted, for a pro3 gram, project, or activity for any fiscal year pursuant to 

4 this section shall be at a rate for operations not greater 

5 than— 

6 (1) the rate for operations provided for in the 

7 regular appropriation Act providing for such pro8 gram, project, or activity for the preceding fiscal 

9 year; or 

10 (2) in the absence of such an Act, the rate for 

11 operations provided for such program, project, or ac12 tivity pursuant to a joint resolution making con13 tinuing appropriations for such preceding fiscal year. 

14 (c) AVAILABILITY.—Appropriations and funds made 

15 available, and authority granted, for any fiscal year pursu16 ant to this section for a program, project, or activity shall 

17 be available for the period beginning with the first day 

18 of a lapse in appropriations and ending with the date on 

19 which the applicable regular appropriation bill for such fis20 cal year becomes law (whether or not such law provides 

21 for such program, project, or activity) or a joint resolution 

22 making continuing appropriations becomes law, as the 

23 case may be. 

24 (d) TERMS AND CONDITIONS.—An appropriation or 

25 funds made available, or authority granted, for a program, 


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1 project, or activity for any fiscal year pursuant to this sec2 tion shall be subject to the terms and conditions imposed 

3 with respect to the appropriation made or funds made 

4 available for the preceding fiscal year, or authority grant5 ed for such program, project, or activity under current 

6 law. 

7 (e) END OF FISCAL YEAR.—If this section is in effect 

8 at the end of a fiscal year, funding levels shall continue 

9 as provided in this section for the next fiscal year. 

10 (f) EXPENDITURES AND OBLIGATIONS.—Expendi11 tures and obligations made for a program, project, or ac12 tivity for any fiscal year pursuant to this section shall be 

13 charged to the applicable appropriation, fund, or author14 ization whenever a regular appropriation bill or a joint res15 olution making continuing appropriations until the end of 

16 a fiscal year providing for such program, project, or activ17 ity for such period becomes law. 

18 (g) EXPENDITURE AUTHORITY.—Section 

19 9502(d)(1)(A) of the Internal Revenue Code of 1986 is 

20 amended by striking the semicolon at the end and insert21 ing ‘‘or the Aviation Funding Stability Act of 2019;’’. 

22 (h) TERMINATION.—This section shall not apply to 

23 a program, project, or activity during any portion of a fis24 cal year if any other provision of law (other than an au25 thorization of appropriations)— 


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1 (1) makes an appropriation, makes funds avail2 able, or grants authority for such program, project, 

3 or activity to continue for such period; or 

4 (2) specifically provides that no appropriation 

5 shall be made, no funds shall be made available, or 

6 no authority shall be granted for such program, 

7 project, or activity to continue for such period. 

Æ 


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