HR6086-119

1. Short title This Act may be cited as the Aviation Funding Solvency Act.

2. Temporary funding for Federal Aviation Administration in event of lapse in appropriation Subject to subsection (c) and notwithstanding section 44307 of title 49, United States Code, if, with respect to the Federal Aviation Administration, an appropriation measure for a fiscal year is not enacted before the beginning of such fiscal year or a law making continuing appropriations is not in effect, covered amounts in the Aviation Insurance Revolving Fund 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, including for the accounts Federal Aviation Administration—Operations and Federal Aviation Administration—Facilities and Equipment in the preceding fiscal year— in the corresponding appropriation Act for such preceding fiscal year; or if the corresponding appropriation bill for such preceding fiscal year did not become law, in a law making continuing appropriations for such preceding fiscal year. Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate for operations not greater than— the rate for operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year; or in the absence of such an Act, the rate for operations provided for such program, project, or activity pursuant to an Act making continuing appropriations for such preceding fiscal year. Appropriations and funds made available, and authority granted, for any fiscal year pursuant 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 in any fiscal year and ending with the date on which either— the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity); or an Act making continuing appropriations becomes law. An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section 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 granted for such program, project, or activity under current law. 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. Expenditures and obligations made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a law making continuing appropriations until the end of a fiscal year providing for such program, project, or activity for such period becomes law. If the Administrator determines that covered amounts are insufficient to continue all programs, projects, or activities described in subsection (a), the Administrator shall prioritize continuing the payment of compensation for employees of the Air Traffic Organization of the Administration using covered amounts. This section shall not apply to a program, project, or activity during any portion of a fiscal year— if any other provision of law (other than an authorization of appropriations)— makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or 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; or if continuing such program, project, or activity under this section would cause the balance of the Aviation Insurance Revolving Fund to decrease to less than $1,000,000,000. In this section, the term covered amounts means the balance of the amounts in the Aviation Insurance Revolving Fund minus $1,000,000,000.