HR6086-119

What This Bill Does

This bill creates temporary FAA funding authority during a lapse in FAA appropriations. If a regular FAA appropriations measure or continuing appropriations law is not in effect at the start of a fiscal year, covered amounts in the Aviation Insurance Revolving Fund become available to the FAA Administrator for continuing programs, projects, and activities conducted with prior-year FAA funds, including Operations and Facilities and Equipment accounts and direct-loan or loan-guarantee costs.

Funding is capped at no more than the prior-year rate of operations and is subject to the prior-year terms and conditions. The authority runs from the first day of the lapse until a regular appropriations bill or continuing appropriations law becomes law. Obligations made under the temporary authority are later charged to the applicable appropriation or fund when a funding law is enacted. If funds are not enough to continue every program, the FAA Administrator must prioritize compensation for Air Traffic Organization employees. The authority does not apply where another law already provides funding or forbids funding, and it cannot reduce the Aviation Insurance Revolving Fund balance below $1 billion. Covered amounts are the fund balance minus $1 billion.

Who Benefits and How

Air Traffic Organization employees benefit because their compensation is the required priority if covered amounts are insufficient. FAA operations programs benefit from temporary access to Aviation Insurance Revolving Fund balances during a shutdown or lapse. FAA facilities and equipment projects benefit from continuity at prior-year operating rates. Airlines and air travelers benefit if air-traffic and safety operations are less disrupted during appropriations lapses. Aviation lenders and borrowers benefit if direct-loan and loan-guarantee activities can continue.

Who Bears the Burden and How

The FAA Administrator must determine covered amounts, apply prior-year rates, prioritize Air Traffic Organization pay, and stop using the authority when appropriations resume. FAA budget staff must track obligations and charge them to later appropriations or funds. Aviation Insurance Revolving Fund managers must preserve the $1 billion reserve. Congressional appropriators may see FAA programs continue temporarily without a new appropriations law. FAA programs not prioritized for employee compensation may still be constrained if covered amounts are insufficient.

Key Provisions

• Provides temporary FAA funding authority during an appropriations lapse.
• Uses Aviation Insurance Revolving Fund balances only above a $1 billion reserve.
• Limits operations to no more than prior-year rates and prior-year terms and conditions.
• Requires the authority to end when regular or continuing appropriations become law.
• Requires later charging of obligations to the applicable appropriation, fund, or authorization.
• Requires the FAA Administrator to prioritize Air Traffic Organization employee compensation if covered amounts are insufficient.