Pay TSA Act of 2026

Bill Number

H.R. 7941

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Transportation and Public Works

Status

Introduced

Latest Action

2026-03-17: Referred to the Subcommittee on Transportation and Maritime Security.

Last Updated

2026-06-11T23:26:44Z

AI-Generated Summary

Purpose

The "Pay TSA Act of 2026" (H.R. 7941) aims to dedicate airline passenger security fees exclusively to aviation security. It creates a dedicated trust fund for the Transportation Security Administration (TSA) operations and ensures TSA can continue aviation security work during government shutdowns (periods when Congress fails to pass funding bills, known as a "lapse in appropriations").

Key Provisions

• Repeal of Fee Diversion: Removes existing legal allowances (in 49 U.S.C. § 44940(f) and (i)) that permitted passenger security fees—commonly called the "9/11 Security Fee"—to be used for non-security purposes.
• Transportation Security Trust Fund (TSTF):
• Established within the Department of Homeland Security (DHS).
• All 9/11 Security Fee collections deposited directly into the fund, available without needing annual congressional approval or time limits.
• Funds usable only for aviation security, including:
• TSA personnel salaries, benefits, training.
• Passenger/baggage screening.
• Security checkpoints, technology, and airport infrastructure.
• Research and deployment of advanced security systems.
• Prohibits transferring funds to the U.S. Treasury's general fund or using them for deficit reduction or unrelated purposes.
• Funding During Shutdowns:
• TSTF funds automatically available to maintain aviation security operations if TSA funding lapses.
• Also taps the existing Aviation Security Capital Fund.
• Priorities:

1. First: TSA officers' salaries, benefits, overtime, and staffing for screening.
2. Then: Security technology, baggage equipment, infrastructure maintenance, and airport grants.

• Funding rate matches prior year's level; ends when new funding is approved.
• Aviation Security Technology and Infrastructure Account (within TSTF):
• For modernizing screening tech (e.g., CT scanners, credential systems, exit lanes).
• Available only after personnel and core operations are funded.

Significant Changes to Existing Law

• Ends Fee Diversion: Previously, fees could be redirected; now they are locked for TSA aviation security only.
• Creates Dedicated Funding Stream: Bypasses annual appropriations for fee revenues, providing stable, automatic access.
• Shutdown Protections: Introduces automatic funding continuity for TSA's core security functions, overriding normal shutdown furloughs (unlike current law, where TSA often furloughs staff).

Potential Impacts

• Government Agencies: TSA gains funding stability, reducing shutdown disruptions; DHS oversees the new fund.
• Citizens/Air Travelers: Ensures fees (paid per flight ticket) directly improve security; minimizes flight delays or closures during shutdowns.
• Airlines/Airports: Reliable screening supports operations; potential for upgraded tech could speed up processes long-term.
• No Direct International Relations Impact: Focuses on domestic U.S. aviation security.

Main Stakeholders Affected

• TSA Employees: Prioritized pay and staffing protections.
• Airline Passengers: Fees explicitly tied to their security.
• Airlines and Airports: Benefit from uninterrupted operations and potential tech grants.
• U.S. Congress/DHS: Shifts some funding control from annual budgets to automatic fees.
• Taxpayers: Limits use of dedicated fees for other government needs.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens "user fee" dedication (fees pay for the service used), with strict anti-diversion rules; expands shutdown exceptions specifically for aviation security.
• Constitutional: Relies on Congress's spending power; trust fund model is common (e.g., Highway Trust Fund) but could face challenges if seen as bypassing appropriations clause—though bill ties it to existing fee authority.
• Political: Addresses vulnerabilities exposed in past shutdowns (e.g., 2018–2019); sponsored by House Republicans, emphasizing frontline security over broader budget fights.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Langworthy, Nicholas A. [R-NY-23]

Cosponsors (11)

Rep. Lawler, Michael [R-NY-17], Rep. Malliotakis, Nicole [R-NY-11], Rep. Houchin, Erin [R-IN-9], Rep. Barrett, Tom [R-MI-7], Rep. Stefanik, Elise M. [R-NY-21], Rep. Nunn, Zachary [R-IA-3], Rep. Van Orden, Derrick [R-WI-3], Rep. Kiggans, Jennifer A. [R-VA-2], Rep. Flood, Mike [R-NE-1], Rep. Luna, Anna Paulina [R-FL-13], Rep. Mackenzie, Ryan [R-PA-7]

Recent Actions

• 2026-03-17: Referred to the Subcommittee on Transportation and Maritime Security.
• 2026-03-16: Referred to the House Committee on Homeland Security.
• 2026-03-16: Introduced in House
• 2026-03-16: Introduced in House

Bill Versions

• Pay TSA Act of 2026 — issued 2026-03-16 — PDF (8 pages)