I 
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 deter-
mined 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 shut-
down, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Aviation Funding Sta-
bility Act of 2021’’. 
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SEC. 2. FUNDING FOR THE FEDERAL AVIATION ADMINIS-
TRATION IN THE EVENT OF A LAPSE IN AP-
PROPRIATION. 
(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 fis-
cal year or a joint resolution making continuing appropria-
tions 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, includ-
ing for the accounts ‘‘Federal Aviation Administration— 
Operations’’, ‘‘Federal Aviation Administration—Facili-
ties 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 appropria-
tions for such preceding fiscal year. 
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(b) RATE
FOR OPERATIONS.—Appropriations and 
funds made available, and authority granted, for a pro-
gram, 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 pro-
gram, 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 ac-
tivity pursuant to a joint resolution making con-
tinuing appropriations for such preceding fiscal year. 
(c) AVAILABILITY.—Appropriations and funds made 
available, and authority granted, for any fiscal year pursu-
ant 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 
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(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 sec-
tion 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 grant-
ed for such program, project, or activity under applicable 
law on the first day of the applicable lapse in appropria-
tions. 
(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.—Expendi-
tures and obligations made for a program, project, or ac-
tivity for any fiscal year pursuant to this section shall be 
charged to the applicable appropriation, fund, or author-
ization whenever a regular appropriation bill or a joint res-
olution making continuing appropriations until the end of 
a fiscal year providing for such program, project, or activ-
ity for such period becomes law. 
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(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 insert-
ing ‘‘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 fis-
cal year if any other provision of law (other than an au-
thorization of appropriations)— 
(1) makes an appropriation, makes funds avail-
able, 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. 
Æ 
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