The recent record-breaking government shutdown, which concluded last week, spurred a notable bipartisan effort in Washington. On Tuesday, lawmakers from both sides of the aisle introduced a bill aimed at ensuring air traffic controllers receive their pay during any future shutdowns.

This proposed legislation seeks to allocate funds for salaries, operational expenses, and other Federal Aviation Administration (FAA) programs by accessing a seldom-used flight insurance fund. This fund, established following the September 11 attacks, currently holds $2.6 billion. The bill’s architects, comprising leading Republicans and Democrats from the House Transportation and Infrastructure Committee, believe that utilizing this fund could make their proposal more appealing by minimizing the cost of issuing paychecks.

U.S. Representative Sam Graves from Missouri, the Republican chairman of the committee, emphasized in a statement that this legislation is vital for ensuring the safety of the traveling public during future government shutdowns. The bill’s supporters include Democratic Representatives Rick Larsen from Washington and Andre Carson from Indiana, along with Republican Representative Troy Nehls from Texas, who chairs the aviation subcommittee.

“We all witnessed how vulnerable the system becomes when Congress fails to act,” Graves remarked. “This bill ensures that air traffic controllers—who hold some of the most high-pressure jobs in the country—are compensated during any future funding lapses. It safeguards air traffic control, aviation safety, and the traveling public from the adverse effects of shutdowns.”

The introduction of this bill precedes a scheduled Senate subcommittee hearing on Wednesday that aims to assess the impact of the 43-day shutdown on the aviation sector.

But it’s not clear whether this bill — or any similar proposals that have been floating around Congress since the 2019 shutdown — will have a chance to get approved before the next government funding deadline at the end of January. Nearly all the other proposals, including one from U.S. Sen. Jerry Moran of Kansas, would rely on the aviation trust fund that collects money from fees the airlines pay, and the Congressional Budget Office has given those bills a much higher price tag.

Fixes have been proposed, but none approved

Over the years, lawmakers have tried a handful of fixes for a long-term solution to keep air traffic controllers and other essential aviation workers paid during funding lapses. The proposals often gained bipartisan attention, especially after the 35-day shutdown that ended in 2019 during President Donald Trump’s first term, but none made it over the finish line.

Moran’s bill, known as the Aviation Funding Stability Act, for example, is a recurring proposal in Congress that would allow the FAA to tap into the Airport and Airway Trust Fund. Lawmakers in both chambers have reintroduced versions of it over the years, including in 2019 and 2021.

The legislation resurfaced in March when Moran, the Republican chairman of the Senate subcommittee on Aviation, Space, and Innovation, put it forward. It came up again in September, weeks before the shutdown began, when Carson and U.S. Rep. Steve Cohen, also a Democrat, introduced it in the House.

The new bill introduced Tuesday would cut off the money if the insurance fund dips below $1 billion. But Transportation Committee staffers estimate that would still provide enough funding to keep FAA operating for four to six weeks.

Air traffic controllers stretched thin during shutdown

The issue gets so much attention because of all the flight delays and cancellations that happen during a shutdown as more air traffic controllers call out of work. The existing shortage of controllers is so severe that just a few absences in an airport tower or other FAA radar facilities can cause problems.

The controllers — and the FAA technicians who maintain the equipment they rely on — are expected to continue working without pay during a shutdown to keep flights operating. But as the shutdown dragged on this fall, more controllers began calling out of work, citing the financial pressures and the need to take on side jobs.

The delays got so bad during the latest shutdown that the government ordered airlines to cut some of their flights at 40 busy airports nationwide, in what the FAA said was an unprecedented but necessary move to relieve pressure on the system and controllers. Thousands of flights were canceled before the FAA lifted the order entirely and airlines were able to resume normal operations Monday.

Why the insurance fund was created

The insurance fund that the bill introduced Tuesday would use was created at a time when airlines were having trouble getting any insurance coverage after 9/11. For years, airlines paid into the fund regularly to get coverage from the government.

But by the early 2010s the insurance market for airlines had stabilized. Congress let the insurance program expire at the end of 2014. The fund still exists today to pay for claims an airline might file if the government commandeers one of its planes for a military operation or other use.

The last time a claim was made was after America’s withdrawal from Afghanistan in 2021. The fund has continued to grow as it collects interest.