Airport and airway trust fund issues in the 106th Congress
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Airport and airway trust fund issues in the 106th Congress

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      updated
    • Abstract:
      Legislation that modifies the budget treatment of the airport and airway trust fund (aviation trust fund) was reported from Conference Committee and passed by the Senate on March 8, 2000. The House is expected to take up this legislation, the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), H.R. 1000 as amended, during the week of March 13, 2000. The Conference Agreement contains a so called "guarantee" that uses House and Senate point-of-order rules to ensure that all aviation trust fund receipts (including interest) are spent for aviation purposes on an annual basis. This provision represents a compromise in what had become a contentious debate. When the bill was first considered in the House in 1999 it contained two separate budget options for the trust fund. The first, taking the trust fund off-budget, was contained in the passed House version of the bill. The second option, which would have created a "firewall" around aviation programs, was dropped during later committee consideration. Changing the budget treatment of the trust fund was opposed by the Clinton Administration and by some Members of the House and Senate Budget Appropriations Committees. Reauthorization legislation passed by the Senate contained no budget treatment provisions. This report will be updated as warranted by congressional action. The airport and airway trust fund was created by the revenue title of the Airport and Airway Development Act of 1970 (P.L. 91-258). The "aviation trust fund", as it is also known, was established to provide funding for the federal commitment to the nation's aviation system. The scope of the program funded by the aviation trust fund has been expanded over time. The most recent multi-year reauthorization of aviation programs occurred with passage of the Federal Aviation Administration Authorization Act of 1996 (P.L. 104-264). A 6-month extension to that authorization was approved by P.L. 105-277. P.L. 106-6 provided an additional 2-month extension of the federal airport improvement (AIP) program through May 31, 1999. Supplemental Appropriation Legislation, P.L. 106-31, provided funding for AIP through August 6, 1999. One final extension was provided for the remainder of FY1999, P.L. 106-59. No further extensions have been approved and FY2000 AIP appropriations cannot be spent. FAA activities other than AIP continue to be authorized.
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