Aviation Funding Solvency Act
- Bill Number
- H.R. 6086
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2025-12-18: Ordered to be Reported (Amended) by Voice Vote.
- Last Updated
- 2026-04-28T08:06:41Z
AI-Generated Summary
Purpose of the Legislation
The Aviation Funding Solvency Act (H.R. 6086) aims to ensure the continuity of essential Federal Aviation Administration (FAA) operations during a government shutdown by allowing temporary use of funds from the Aviation Insurance Revolving Fund (a dedicated account for aviation insurance programs). It also extends a type of insurance for airlines against war risks without requiring premium payments.
Key Provisions
- Temporary Funding Mechanism (Section 2):
- If Congress fails to pass appropriations or continuing resolutions for the FAA at the start of a fiscal year, the bill allows the FAA Administrator to draw from the Aviation Insurance Revolving Fund to maintain programs, projects, and activities (including loans and guarantees) at the same operational rate as the previous fiscal year.
- Funding is limited to the period of the shutdown, ending when new appropriations or continuing resolutions are enacted.
- Any spending must follow the same rules and conditions as the prior year's funding.
- If funds run low, priority goes to paying employees of the Air Traffic Organization (the FAA division responsible for managing air traffic).
- The fund's usable balance is capped: only amounts above $1 billion can be used, and the provision ends if the balance drops to or below that threshold.
- Expenditures made under this section will later be charged back to regular appropriations once they are passed.
- This funding automatically extends into the next fiscal year if a shutdown persists at the end of the current one.
- Extension of War Risk Insurance (Section 3):
- Amends Section 44310 of Title 49, United States Code (the federal law governing aviation insurance), to eliminate the expiration of non-premium war risk insurance (coverage for airlines against losses from war, terrorism, or similar risks, provided by the government at no cost to policyholders).
Significant Changes to Existing Law
- Overrides restrictions in Section 44307 of Title 49, United States Code, which generally limits the Aviation Insurance Revolving Fund's use to aviation insurance purposes, allowing its temporary redirection for broader FAA operations during funding lapses.
- Removes the termination clause (subsection (b)) from Section 44310 of Title 49, making non-premium war risk insurance ongoing rather than time-limited (previously set to expire).
Potential Impacts
- On Government Agencies: The FAA could maintain critical services like air traffic control without interruption, reducing operational disruptions during shutdowns. However, it relies on the revolving fund's balance, which could strain aviation insurance resources if overused.
- On Citizens: Airline passengers and the public benefit from safer, more reliable air travel by avoiding delays or cancellations from shutdown-related staff furloughs (e.g., air traffic controllers). No direct costs to taxpayers, as funds are recharged to future appropriations.
- On International Relations: Minimal direct impact, though extended war risk insurance could reassure international airlines operating in or to the U.S., supporting global aviation stability and U.S. aviation competitiveness.
- Broader economic effects include preventing losses for the aviation sector, which supports jobs and travel.
Main Stakeholders Affected
- FAA and Air Traffic Organization Employees: Gain job security and continued pay during shutdowns, with explicit prioritization for compensation.
- Airlines and Aviation Industry: Benefit from uninterrupted FAA services and ongoing free war risk insurance, reducing financial risks from conflicts or threats.
- U.S. Congress and Taxpayers: Congress gains flexibility in budgeting without immediate aviation crises; taxpayers avoid emergency funding needs but may see indirect effects if the revolving fund is depleted.
- Passengers and Shippers: Experience fewer travel disruptions, enhancing safety and efficiency in air transport.
Notable Legal, Constitutional, or Political Implications
- Legal: Provides a statutory workaround for constitutional requirements under the Appropriations Clause (Article I, Section 9 of the U.S. Constitution), which mandates that federal spending come from congressional appropriations. By authorizing use of an existing revolving fund (self-sustaining through insurance premiums), it avoids new unappropriated spending while ensuring essential services continue—similar to past shutdown contingency measures but specific to aviation.
- Constitutional: Could face challenges if viewed as bypassing Congress's "power of the purse," though it aligns with precedents allowing agencies to use non-appropriated funds for emergencies. The $1 billion reserve requirement protects the fund's core purpose.
- Political: Addresses recurring government shutdown risks (e.g., due to budget disputes), potentially reducing political pressure on lawmakers during fiscal cliffs. Bipartisan sponsorship (from both parties) signals broad support for aviation reliability, but it may spark debates over fund diversion from insurance to operations. No expiration date on the war risk extension could influence future insurance policy debates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (27)
Rep. Larsen, Rick [D-WA-2], Rep. Nehls, Troy E. [R-TX-22], Rep. Carson, André [D-IN-7], Rep. Kiggans, Jennifer A. [R-VA-2], Rep. Gillen, Laura [D-NY-4], Rep. Mann, Tracey [R-KS-1], Rep. Friedman, Laura [D-CA-30], Rep. Shreve, Jefferson [R-IN-6], Rep. Quigley, Mike [D-IL-5], Rep. Stauber, Pete [R-MN-8], Rep. Titus, Dina [D-NV-1], Rep. Rouzer, David [R-NC-7], Rep. Carbajal, Salud O. [D-CA-24], Rep. Hurd, Jeff [R-CO-3], Rep. Webster, Daniel [R-FL-11], Rep. Pappas, Chris [D-NH-1], Rep. Strickland, Marilyn [D-WA-10], Rep. Bresnahan, Robert P. [R-PA-8], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Owens, Burgess [R-UT-4], Rep. DelBene, Suzan K. [D-WA-1], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Thanedar, Shri [D-MI-13], Rep. Smith, Adrian [R-NE-3], Rep. Torres, Norma J. [D-CA-35], Rep. Kustoff, David [R-TN-8], Rep. Davis, Donald G. [D-NC-1]
Recent Actions
- 2025-12-18: Ordered to be Reported (Amended) by Voice Vote.
- 2025-12-18: Committee Consideration and Mark-up Session Held
- 2025-12-18: Subcommittee on Aviation Discharged
- 2025-11-19: Referred to the Subcommittee on Aviation.
- 2025-11-18: Referred to the House Committee on Transportation and Infrastructure.
- 2025-11-18: Introduced in House
- 2025-11-18: Introduced in House
Bill Versions
- Aviation Funding Solvency Act — issued 2025-11-18 — PDF (6 pages)