SAFEGUARDS Act of 2025
- Bill Number
- S. 2378
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2026-04-14: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Last Updated
- 2026-05-12T16:53:59Z
AI-Generated Summary
Purpose
The SAFEGUARDS Act of 2025 aims to ensure that revenue from the 9/11 Security Fee—paid by airline passengers—is used exclusively to improve aviation security. It establishes and expands dedicated funds within the Department of Homeland Security (DHS) for investments in security technology, personnel support, and related programs, while expressing Congress's intent to end the diversion of these fees to non-security purposes by 2027.
Key Provisions
- Sense of Congress: Declares that the 9/11 Security Fee should fund only aviation security enhancements, such as passenger and baggage screening, technology upgrades, and personnel support. It criticizes using the fee for unrelated purposes and calls for ending such diversions by 2027, per existing law.
- Aviation Security Capital Fund Improvements:
- Maintains deposits of the first $250 million from the fee into the fund for fiscal years 2004–2025.
- Increases deposits to the first $500 million starting in fiscal year 2026 and beyond.
- Allows the Transportation Security Administration (TSA) Administrator to adjust the fee to meet these amounts.
- Permits TSA to use fund amounts for grants to support aviation security initiatives.
- New Aviation Security Checkpoint Technology Fund (ASCT Fund):
- Creates a separate fund starting in fiscal year 2026.
- Deposits the next $250 million from the fee (after the $500 million to the Capital Fund) into the ASCT Fund annually.
- TSA must adjust the fee to collect at least this amount.
- Funds are available until spent for procuring, deploying, and maintaining checkpoint and exit lane security technologies (e.g., screening equipment at airports).
- Allows TSA to issue grants from the fund, including retroactive approval for projects started on or after January 1, 2023.
Significant Changes to Existing Law
- Amends Section 44923(h) of Title 49, United States Code, by doubling the annual deposit into the existing Aviation Security Capital Fund from $250 million to $500 million beginning in 2026.
- Adds a new subsection (i) to Section 44923, creating the ASCT Fund and dedicating an additional $250 million annually from the 9/11 Security Fee specifically for checkpoint technology.
- Redesignates the prior subsection (i) as (j) to accommodate the new fund.
- Reinforces Section 44940 of Title 49 (governing the 9/11 Security Fee) by mandating fee adjustments to ensure sufficient collections for these funds, without altering the fee's structure or rate directly.
Potential Impacts
- Government Agencies: Enhances TSA's (within DHS) funding for security upgrades, potentially streamlining budget allocations and reducing reliance on general appropriations. This could improve operational efficiency at airports but may increase administrative duties for fee collection and grant management.
- Citizens: Airline passengers, who pay the 9/11 Security Fee (currently $5.60 per one-way trip), may see improved security screening with faster, more advanced technology, leading to shorter wait times and better threat detection. However, if fee adjustments raise costs, it could indirectly increase travel expenses.
- International Relations: Minimal direct impact, though stronger U.S. aviation security could enhance global confidence in American air travel standards, potentially influencing international aviation partnerships or standards set by bodies like the International Civil Aviation Organization.
Main Stakeholders Affected
- Transportation Security Administration (TSA) and DHS: Primary beneficiaries, gaining dedicated funds for technology procurement and grants.
- Airline Passengers: Directly pay the fee and experience changes in screening processes.
- Airports and Airlines: Receive potential grants for equipment upgrades, improving operations but possibly facing new compliance requirements.
- Congress and Taxpayers: Ensures fee revenue stays within aviation security, reducing diversion to other federal programs and promoting fiscal accountability.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens enforcement of the 9/11 Security Fee's original intent under the Aviation and Transportation Security Act (2001), potentially limiting future executive discretion in fee usage. The retroactive grant provision could raise questions about reimbursing past expenditures but aligns with congressional authority over appropriations.
- Constitutional: No apparent conflicts; it exercises Congress's spending power (Article I, Section 9) to direct fee revenues without infringing on executive functions, as TSA retains implementation flexibility.
- Political: Reinforces bipartisan support for aviation security post-9/11, signaling opposition to fee diversion amid debates on federal budgeting. It may set a precedent for ring-fencing user fees, influencing future transportation or security legislation, but could spark controversy if fee hikes are needed to meet deposit targets.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (12)
Sen. Van Hollen, Chris [D-MD], Sen. Bennet, Michael F. [D-CO], Sen. Boozman, John [R-AR], Sen. Daines, Steve [R-MT], Sen. Sheehy, Tim [R-MT], Sen. Capito, Shelley Moore [R-WV], Sen. Hickenlooper, John W. [D-CO], Sen. Hyde-Smith, Cindy [R-MS], Sen. Rosen, Jacky [D-NV], Sen. Crapo, Mike [R-ID], Sen. Risch, James E. [R-ID], Sen. Young, Todd [R-IN]
Recent Actions
- 2026-04-14: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
- 2025-07-22: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2025-07-22: Introduced in Senate
Bill Versions
- Spending Aviation Fees for Equipment, Guaranteeing Upgraded and Advanced Risk Detection and Safety Act of 2025 — issued 2025-07-22 — PDF (6 pages)