S. 2378

119 S2378 IS: Spending Aviation Fees for Equipment, Guaranteeing Upgraded and Advanced Risk Detection and Safety Act of 2025
 U.S. Senate
 2025-07-22
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 2378  IN THE SENATE OF THE UNITED STATES   July 22, 2025   Mr. Moran  (for himself,  Mr. Van Hollen ,  Mr. Bennet , and  Mr. Boozman ) introduced the following bill; which was read twice and referred to the  Committee on Commerce, Science, and Transportation    A BILL
To amend title 49, United States Code, to establish funds for investments in aviation security checkpoint technology, and for other purposes.
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 2025   or the   SAFEGUARDS Act of 2025  .
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 enhancing 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.
3.
Improving the aviation security capital fund
Section 44923(h) of title 49, United States Code, is amended to read as follows:
(h)
Aviation Security Capital Fund
(1)
In general
There is established within the Department of Homeland Security a fund to be known as the Aviation Security Capital Fund (in this subsection referred to as the  Fund ).
(2)
Source of funding
(A)
In each of fiscal years 2004 through 2025 the first $250,000,000 derived from fees received under section 44940(a)(1) shall be available to be deposited in the Fund in paragraph (1). The Administrator of the Transportation Security Administration shall impose the fee authorized by section 44940(a)(1) so as to collect at least $250,000,000 in each of such fiscal years for deposit into the Fund; and
(B)
Beginning in fiscal year 2026, 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 under paragraph (1). The Administrator of the Transportation Security Administration shall impose the fee authorized by section 44940(a)(1) so as to collect at least $500,000,000 in each of such fiscal years for deposit into the Fund.
(3)
Grant authority
Amounts in the Fund shall be available to the Administrator of the Transportation Security Administration to make grants under this section.
 .
4.
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):
(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 2026, 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 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 of the Transportation Security Administration to fund the procurement, deployment, and sustainment of aviation security checkpoint and exit lane technology.
(3)
Grant authority
(A)
In general
Amounts in the ASCT Fund shall be available to the Administrator of the Transportation Security Administration to make grants under this section.
(B)
Retroactive application of grant funds
The Administrator may retroactively approve the use of grant funds under this subsection for projects to support the procurement, deployment, and sustainment of aviation security checkpoint and exit lane technology that were implemented on or after January 1, 2023.
 .