SAFEGUARDS Act of 2025
- Sponsor
- Sen. Moran, Jerry [R-KS]
- Committees
- Commerce, Science, and Transportation Committee (primary)
- Last action
- Apr 14, 2026
Bottom line
The bill redirects a larger portion of the existing 9/11 Security Fee to dedicated aviation security technology funds, aiming to end the diversion of these fees for other purposes.
What it actually does
This bill, the SAFEGUARDS Act of 2025, aims to ensure that fees collected from airline passengers for aviation security are fully dedicated to that purpose. It increases the annual allocation from the 9/11 Security Fee to the existing Aviation Security Capital Fund from $250 million to $500 million starting in fiscal year 2026. Crucially, it establishes a new Aviation Security Checkpoint Technology Fund, dedicating an additional $250 million annually from the 9/11 Security Fee, also starting in FY2026, specifically for modernizing airport security checkpoint and exit lane technology.
Proponents argue
Proponents argue that the bill fulfills the original intent of the 9/11 Security Fee, which was established to enhance aviation safety and security. They contend that dedicating these passenger-paid fees directly to security upgrades, particularly for advanced checkpoint technology, is essential for modernizing the aviation security infrastructure, improving efficiency, and strengthening public trust by ensuring funds are used as intended.
Opponents contend
Opponents, if any, might argue that dedicating these funds could reduce flexibility in the federal budget, especially if the fees are currently used to offset other federal spending. Some might also raise concerns about the efficiency of technology procurement or whether the specified amounts are optimal for current and future security needs, preferring a more discretionary approach to funding allocations.
The bill is short and straightforward, allowing for a quick and comprehensive understanding of its provisions within the time typically allotted for legislative review.
Section 2
Sense of Congress on 9/11 Security Fee
This section expresses Congress's view that the 9/11 Security Fee, paid by airline passengers, was established solely to enhance aviation security. It states that revenue from this fee should be used exclusively for activities directly improving commercial aviation security, such as screening, technology upgrades, and personnel support. It also asserts that the diversion of these funds to unrelated purposes undermines public trust and should end by 2027, as per existing law.
Supporters argue
Supporters argue this provision reinforces the original purpose of the 9/11 Security Fee, ensuring accountability and public trust by explicitly stating that these funds are for aviation security only. It sets a clear expectation for how these passenger-paid fees should be utilized.
Critics contend
No specific opposition is typically raised against a Sense of Congress provision that reiterates the stated purpose of a fee, as it is non-binding. However, those who benefit from the current diversion of funds might implicitly oppose the sentiment.
Tradeoffs
This provision highlights the tension between the dedicated purpose of a user fee and its potential use for broader federal budget offsets. It seeks to resolve this tension by reaffirming the dedicated use.
Section 3
Increase to Aviation Security Capital Fund
This section amends existing law (49 U.S.C. 44923(h)) to increase the annual amount of the 9/11 Security Fee revenue deposited into the Aviation Security Capital Fund. Currently, $250 million is deposited annually. Starting in fiscal year 2026 and each year thereafter, the bill mandates that the first $500 million derived from the 9/11 Security Fee be deposited into this fund. The TSA Administrator is required to impose the fee to ensure at least this amount is collected for the fund.
Section 4
Establishment of Aviation Security Checkpoint Technology Fund
This section creates a new fund within the Department of Homeland Security called the Aviation Security Checkpoint Technology Fund (ASCT Fund). Beginning in fiscal year 2026, after the $500 million is deposited into the Aviation Security Capital Fund, the next $250 million from the 9/11 Security Fee will be deposited into this new ASCT Fund annually. These funds are specifically designated for the procurement, deployment, and sustainment of aviation security checkpoint and exit lane technology, and they remain available until expended.
Section 4(i)(3)(B)
Retroactive Application of ASCT Fund Grants
This provision allows the Administrator of the Transportation Security Administration (TSA) to retroactively approve the use of grant funds from the new Aviation Security Checkpoint Technology Fund (ASCT Fund). This means that projects related to the procurement, deployment, and sustainment of aviation security checkpoint and exit lane technology that were implemented on or after January 1, 2023, could be eligible for funding from the ASCT Fund once it is established.
Allows for retroactive approval of grants from the Aviation Security Checkpoint Technology Fund for projects implemented on or after January 1, 2023.
Section 4(i)(3)(B)
Why it matters:This is standard legislative practice for specifying the effective date or applicability of new funding mechanisms. It's not necessarily evasive but requires careful reading of the full text.
Case for: This provision encourages airports to proactively invest in security technology without waiting for federal funding to be explicitly available, knowing they might be reimbursed. It helps accelerate the modernization of security infrastructure across the country.
Case against: Some might argue that retroactive funding could create administrative complexities for the TSA in verifying past expenditures and ensuring equitable distribution. It could also potentially reward projects that were not initially designed with federal grant criteria in mind.
Estimated impact: Potentially significant for airports that have made substantial investments in checkpoint technology since January 2023, offering them a pathway to federal support for those expenditures.