118 HR 3394 IH: Fund the TSA Act
U.S. House of Representatives
2023-05-17
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I
118th CONGRESS
1st Session
H. R. 3394
IN THE HOUSE OF REPRESENTATIVES
May 17, 2023
Mr. Thompson of Mississippi introduced the following bill; which was referred to the Committee on Homeland Security
A BILL
To amend title 49, United States Code, to improve the ability of the Transportation Security Administration to carry out its security mission by ensuring that revenues collected from passengers as aviation security fees are used to help finance the costs of aviation security screening, and for other purposes.
1.

Short title
This Act may be cited as the “Fund the TSA Act”.
2.

Improvements to aviation security fees to increase revenues and end fee diversions
(a)

Changes to aviation security fees
(1)

In general
Section 44940 of title 49, United States Code, is amended—
(A)
in subsection (c)—
(i)
by amending paragraph (1) to read as follows:
“(1)

Amount
Fees imposed under subsection (a)(1) shall be $7.60 per one-way trip in air transportation or intrastate air transportation that originates at an airport in the United States, except that the fee imposed per round trip shall not exceed $15.20, subject to adjustments made pursuant to paragraph (2).”;
(ii)
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4);
(iii)
by inserting after paragraph (1) the following new paragraph:
“(2)

Adjustment for inflation
(A)

In general
The Administrator of the Transportation Security Administration shall adjust the fee amounts established under paragraph (1) on April 1, 2026, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2024.
(B)

Special rules for calculation of adjustment
In adjusting under subparagraph (A) the fee amounts established under paragraph (1), the Administrator of the Transportation Security Administration—
(i)
shall round the amount of any increase in the Consumer Price Index to the nearest dollar;
(ii)
may ignore any such increase of less than one percent;
(iii)
shall ensure that the fee imposed per round trip does not exceed twice that of the fee imposed per one-way trip; and
(iv)
shall publish in the Federal Register notice of any adjustments made under this paragraph, pursuant to subsection (d).
(C)

Consumer price index defined
For purposes of this subsection, the term “Consumer Price Index” means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”; and
(iv)
in paragraph (4), as so redesignated, by striking “2027” and inserting “2023”; and
(2)
by striking subsection (i).
(3)

Conforming amendment
Subsection (d)(4) of such section is amended by striking “, other than subsection (i),”.
(b)

Funding checkpoint technologies, fair pay and rights for TSA workers, and other security programs
Section 44923 of title 49, United States Code, is amended—
(1)
by redesignating subsection (i) as subsection (l); and
(2)
by inserting after subsection (h) the following new subsections:
“(i)

Aviation security checkpoint technology fund
(1)

In general
There is established within the Department of Homeland Security a fund to be known as the Aviation Security Checkpoint Technology Fund (in this subsection referred to as the “ASCT Fund”). The second $250,000,000 from fees received under section 44940(a)(1) in each of fiscal years 2024 through 2028 shall be available to be deposited in the ASCT Fund. The Administrator of the Transportation Security Administration shall impose the fee authorized by such section 44940(a)(1) so as to collect not less than $250,000,000 in each of such fiscal years for deposit into the ASCT Fund. Amounts in the ASCT Fund shall be available until expended to the Administrator to fund the research, development, procurement, deployment, and sustainment of aviation security checkpoint technology.
(2)

Allocation
Of the amount made available under paragraph (1) for a fiscal year, not less than $12,500,000 shall be allocated for awards to small businesses in support of research and development of technologies under consideration for procurement and deployment, if such small businesses have demonstrated an ability to produce technologies supporting the advancement of checkpoint security screening, as determined by the Administrator of the Transportation Security Administration.
(j)

TSA workforce fair pay and rights fund
(1)

In general
There is established within the Department of Homeland Security a fund to be known as the TSA Workforce Fair Pay and Rights Fund (in this section referred to as the “Workforce Fund”). Following the deposit of amounts specified under subsection (i) in the ASCT Fund, the next $1,138,700,000 from fees received under section 44940(a)(1) in fiscal year 2024 shall be available to be deposited in the Workforce Fund. The Administrator of the Transportation Security Administration shall impose the fee authorized by such section 44940(a)(1) so as to collect not less than $1,138,700,000 in fiscal year 2024 for deposit into the Workforce Fund. Amounts in the Workforce Fund shall be available until expended to the Administrator to fund the salaries and benefits of Transportation Security Administration employees and the administration of collective bargaining and merit systems protection rights in accordance with paragraph (2).
(2)

Allocation
Of the amount made available under paragraph (1) for fiscal year 2024—
(A)
not less than $1,086,000,000 shall be allocated for the salaries and benefits of Transportation Security Administration employees; and
(B)
not less than $52,700,000 shall be allocated for the administration of collective bargaining and merit systems protection rights.
(k)

Other security programs fund
(1)

In general
There is established within the Department of Homeland Security a fund to be known as the Other Security Programs Fund (in this section referred to as the “OSP Fund”). Following the deposit of amounts specified under subsection (j) in the Workforce Fund, the next $130,000,000 from fees received under section 44940(a)(1) in fiscal year 2024 shall be available to be deposited in the OSP Fund. The Administrator of the Transportation Security Administration shall impose the fee authorized by such section 44940(a)(1) so as to collect not less than $130,000,000 in fiscal year 2024 for deposit into the OSP Fund. Amounts in the OSP Fund shall be available until expended to the Administrator to fund security programs in accordance with paragraph (2).
(2)

Allocation
Of the amount made available under paragraph (1) for fiscal year 2024—
(A)
not less than $45,900,000 shall be allocated to reimburse law enforcement agencies deploying law enforcement officers to airports, in accordance with requirements set by the Administrator;
(B)
not less than $34,100,000 shall be allocated to reimburse law enforcement agencies deploying canines to airports, in accordance with requirements set by the Administrator; and
(C)
not less than $50,000,000 shall be allocated to make discretionary grants, including other transaction agreements, for projects providing for the procurement, deployment, and sustainment of technology systems to secure exit lanes from the sterile area of an airport (as such term is defined in section 1540.5 of title 49, Code of Federal Regulations), if—
(i)
the Federal Government’s share of the cost of such a project is not more than 50 percent; and
(ii)
the Administrator approves an application for a grant under this subsection that contains such information as the Administrator has prescribed.”.