H.R. 8770

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8770 Engrossed in House (EH)]

<DOC>

119th CONGRESS
2d Session
H. R. 8770

_______________________________________________________________________

AN ACT

To amend title 49, United States Code, to establish funds for 
investments in aviation security, and for other purposes.

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''.

Passed the House of Representatives July 13, 2026.

Attest:

Clerk.
119th CONGRESS

2d Session

H. R. 8770

_______________________________________________________________________

AN ACT

To amend title 49, United States Code, to establish funds for 
investments in aviation security, and for other purposes.