Spending Aviation Fees for Equipment, Guaranteeing Upgraded and Advanced Risk Detection and Safety Act of 2026

Floor Speech

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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 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''.

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Mr. GARBARINO. 8770.

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.

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.

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