[Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)]
[House]
[Pages H4388-H4390]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SPENDING AVIATION FEES FOR EQUIPMENT, GUARANTEEING UPGRADED AND
ADVANCED RISK DETECTION AND SAFETY ACT OF 2026
Mr. GARBARINO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 8770) to amend title 49, United States Code, to establish
funds for investments in aviation security, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 8770
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spending Aviation Fees for
Equipment, Guaranteeing Upgraded and Advanced Risk Detection
and Safety Act of 2026'' or the ``SAFEGUARDS Act of 2026''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the fee collected in accordance with section 44940 of
title 49, United States Code (commonly known as the ``9/11
Security Fee''), is an airline passenger-paid fee established
with the express purpose of sustaining the safety and
security of the aviation system of the United States;
(2) revenue generated from the 9/11 Security Fee should be
used exclusively to fund activities, programs, equipment, and
initiatives that directly improve the security of commercial
aviation, including passenger and baggage screening, security
technology upgrades, and the support of personnel responsible
for aviation security;
(3) the use of the 9/11 Security Fee for purposes unrelated
to aviation security undermines public trust and the original
intent of the fee, and all proceeds from the fee should
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be reserved and expended solely for measures that strengthen
the safety and security of the traveling public within the
aviation sector; and
(4) the diversion of 9/11 Security Fee revenue to other
purposes should be ended no later than 2027, in accordance
with section 44940(i)(4) of title 49, United States Code, as
it read on the date of the enactment of this Act.
SEC. 3. AVIATION SECURITY FUNDS.
(a) Improving the Aviation Security Capital Fund.--
Subsection (h) of section 44923 of title 49, United States
Code (relating to the Aviation Security Capital Fund), is
amended--
(1) in paragraph (1), by striking the second, third, and
fourth sentences and inserting the following new sentences:
``Beginning in fiscal year 2028 and for each fiscal year
thereafter, the first $500,000,000 derived from fees received
under section 44940(a)(1) shall be available to be deposited
in the Fund. The Administrator of the Transportation Security
Administration shall impose the fee authorized by such
section so as to collect at least $500,000,000 in each of
such fiscal years for deposit into the Fund, subject to the
prior termination of any of the fees authorized under such
section being credited as offsetting receipts and deposited
in the general fund of the Treasury.''; and
(2) by striking paragraphs (2) and (3) and inserting the
following new paragraph:
``(2) Disbursement authority.--Amounts in the Fund shall be
available to the Administrator of the Transportation Security
Administration to make grants under this section or enter
into related agreements to carry out this section.''.
(b) Establishment of the Aviation Security Checkpoint
Technology Fund.--Section 44923 of title 49, United States
Code, is amended by--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(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').
``(2) Funding.--Beginning in fiscal year 2028 and for each
fiscal year thereafter, after the first $500,000,000 is
deposited into the Aviation Security Capital Fund pursuant to
subsection (h)(2), the next $250,000,000 from fees received
under section 44940(a)(1) 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 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 of the Transportation Security
Administration to fund the testing, procurement, deployment,
installation, and sustainment of aviation security checkpoint
technology, subject to the prior termination of any of the
fees authorized under such section being credited as
offsetting receipts and deposited in the general fund of the
Treasury.
``(3) Disbursement authority.--Amounts in the ASCT Fund
shall be available to the Administrator of the Transportation
Security Administration to make grants under this section or
enter into related agreements to carry out this section.''.
(c) Conforming Amendment.--Paragraph (1) of section
44940(i) of title 49, United States Code, is amended by
striking ``section 44923(h)'' and inserting ``subsections (h)
and (i) of section 44923''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Garbarino) and the gentleman from Virginia (Mr. Walkinshaw)
each will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. GARBARINO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 8770.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. GARBARINO. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 8770, the SAFEGUARDS Act. This
legislation establishes a sense of Congress that 9/11 passenger
security fee revenue should be put toward TSA security screening
purposes following the end of the current fee diversion at the end of
fiscal year 2027.
Additionally, this bill directs funds collected from this fee to
modernize and sustain explosive detection systems and technology at TSA
security checkpoints beginning in fiscal year 2028.
The SAFEGUARDS Act will strengthen aviation security by ensuring
passenger security fee revenue is used for its intended purpose:
providing additional resources to protect the traveling public.
I thank Representative Strong for his leadership, and I look forward
to continuing our engagement on both sides of the aisle and with our
colleagues on the Appropriations Committee to ensure that this bill
improves deployment timelines for critical aviation security technology
without any unintended consequences for the TSA workforce or any other
TSA operations.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. WALKINSHAW. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, since the Transportation Security Administration was
created after the 9/11 attacks, the agency has been working to deploy
the latest innovative security screening technology to ensure
prohibited items carried inside bags and on individuals do not make it
past a security checkpoint and onto an aircraft.
However, with thousands of TSA screening lanes across the country in
need of technology, Congress has at times struggled to provide funding
to recapitalize technology expeditiously across all airports.
H.R. 8770, the SAFEGUARDS Act, would ensure there are increased
dedicated funds available to TSA to procure the latest screening
technology so that the agency can replace aging technology deployed at
airports at a more rapid pace.
Although speeding up the deployment of new screening technology is an
important goal, I do have some reservations about the bill. The
increased investments in technology are not paid for, and I am
concerned that these increases could result in cuts to funding for TSA
workforce salaries and benefits if TSA's overall budget does not
increase.
Although the bill does contain language reinforcing the sense of
Congress that diversions of passenger security fees away from TSA's
coffers should end, the bill does not actually do anything to end those
diversions sooner than already scheduled under current law or otherwise
to bring in more money to TSA.
House Democrats have long been supportive of investments in new and
innovative security technologies, but we must also make sure that we
are supporting the workforce that operates those technologies.
To start, the House should take up Ranking Member Thompson's bill,
H.R. 2086, the Rights for the TSA Workforce Act, which would codify
fair pay and collective bargaining rights for this critical workforce.
This bill has more than 185 bipartisan cosponsors, and the Republican
majority should bring it to this floor.
In the meantime, I look forward to working with my colleagues on both
sides of the aisle, as well as our colleagues in the Senate, to ensure
that the SAFEGUARDS Act, if enacted, drives investments in technology
without causing cuts to pay, benefits, or staffing at TSA.
Mr. Speaker, I reserve the balance of my time.
Mr. GARBARINO. Mr. Speaker, I yield such time as he may consume to
the gentleman from Alabama (Mr. Strong).
Mr. STRONG. Mr. Speaker, I rise today in support of my bill, the
SAFEGUARDS Act.
When Americans purchase an airline ticket, they pay a passenger
security fee with an expectation that those dollars will be used to
strengthen aviation security.
That is what Congress intended when the fee was created, and that is
exactly what this bill restores. For years, revenue from the passenger
security fee has been directed away from its intended purpose.
Meanwhile, our airports continue to face evolving threats and
increasing demand on the systems and technologies that help keep
travelers safe.
The SAFEGUARDS Act restores accountability by directing this revenue
back toward critical aviation security priorities following the
expiration of the current fee diversion.
This legislation invests $500 million annually in checked baggage
screening technology and $250 million annually
[[Page H4390]]
in checkpoint technology upgrades. This will help modernize screening
capability, strengthen security operations, and ensure our aviation
system remains prepared to meet current and future threats.
Let me be clear. This is not a new fee that will be placed on flyers,
and it does not raise taxes. The SAFEGUARDS Act simply ensures that the
fees travelers currently pay are used for their original purpose and in
line with the expectation of the traveling public.
Anytime a fee is collected from the American people, it should be
carefully scrutinized. I take that responsibility seriously, which is
why, when I examined the intent of this fee, I first asked whether the
original purpose behind it remains important today. I believe it does.
The fee was established in the aftermath of September 11, one of the
darkest days in our Nation's history. In the years that followed,
Congress recognized that maintaining a safe and secure aviation system
would require a long-term commitment to aviation security and continued
investments in the technologies that help protect the traveling public.
The passenger security fee was created to support that mission, and
travelers have paid it with the expectation that those dollars would be
used to strengthen aviation security.
I am proud to reaffirm our commitment to the traveling public today
with this bill. The SAFEGUARDS Act is about restoring trust, improving
transparency and accountability, and ensuring the aviation security
dollars are spent on aviation security.
I am proud that this legislation has earned bipartisan support and
the backing of airports, airlines, and the travel organizations across
the country.
{time} 1600
I want to thank Chairman Garbarino for his leadership and support in
advancing this legislation. I also want to thank Mr. Kennedy of New
York for partnering with me on this effort, as well as my colleagues
who have joined as cosponsors.
Mr. Speaker, I urge all Members to support the SAFEGUARDS Act.
Mr. WALKINSHAW. Mr. Speaker, I have no further speakers. I am
prepared to close when the chairman is prepared to close, and I reserve
the balance of my time.
Mr. GARBARINO. Mr. Speaker, I yield such time as he may consume to
the gentleman from Colorado (Mr. Evans).
Mr. EVANS of Colorado. Mr. Speaker, today I rise in support of the
SAFEGUARDS Act of which I am a proud original cosponsor.
As my colleagues mentioned, this bill ensures that all revenue
collected through the 9/11 Passenger Security Fee are invested back
into aviation and airport security consistent with the fee's original
intent.
Just last year, this $5.60 fee on your plane ticket brought in over
$4.5 billion from U.S. passengers. The upcoming 25th anniversary of
September 11 reminds us how important it is to use those resources to
strengthen our national security systems today to prevent future
tragedies tomorrow.
My district also borders Denver International Airport. Thousands of
airport, airline, and TSA employees in that airport are my
constituents--the third busiest in the Nation. To keep them and all
U.S. passengers safe, it is critical that TSA receives every dollar
possible to properly update security screening equipment and stop
emerging threats.
Mr. Speaker, I urge my colleagues to join me in supporting this
bipartisan bill.
Mr. WALKINSHAW. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, H.R. 8770 will help ensure TSA's frontline staff get
more of the tools they need to keep travelers safe, and at a faster
pace.
I look forward to working with our colleagues on both sides of the
aisle to ensure there are no unintended consequences for TSA's
workforce if this bill becomes law.
Mr. Speaker, I yield back the balance of my time.
Mr. GARBARINO. Mr. Speaker, I yield myself the balance of my time.
As you heard from my colleague from Colorado, $4.5 billion was
brought in last year under the 9/11 Passenger Security Fee. What
passengers don't know is that the first $1.6 billion last year was
diverted to something else other than passenger security.
This bill would say the first $750 million of that passenger security
fee would go directly to equipment, and then the balance of that money
would go to the TSA discretionary fund, which actually would allow the
TSA to get access to this money.
Last year, the TSA discretionary fund didn't have access to this
money until the first $1.85 billion was spent. Now, they are going to
get access, if this bill becomes law, after the first $750 million is
spent on security equipment to make our traveling public safe.
Mr. Speaker, I urge my colleagues to support H.R. 8770, and I yield
back the balance of my time.
The SPEAKER pro tempore (Mr. Babin). The question is on the motion
offered by the gentleman from New York (Mr. Garbarino) that the House
suspend the rules and pass the bill, H.R. 8770, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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