Keep America Flying Act of 2026
- Bill Number
- S. 3031
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2025-10-22: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 205.
- Last Updated
- 2026-04-21T11:03:28Z
AI-Generated Summary
Purpose
The "Keep America Flying Act of 2026" aims to provide temporary funding for critical pay and operations of the Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) during a potential federal government shutdown. It ensures the continuity of air traffic control and airport security screening to maintain safe air travel, effective for fiscal year 2026 starting October 1, 2025.
Key Provisions
- Funding for Personnel: Allocates necessary funds from the U.S. Treasury (money not already designated for other uses) to cover standard pay, benefits, allowances, and related payments for:
- FAA air traffic controllers and other essential staff needed for safe national airspace operations.
- TSA employees involved in passenger and baggage screening, aviation security, or supporting security functions under federal law (specifically, chapter 449 of title 49, U.S. Code, which governs aviation security).
- Contractor Support: Provides funds for payments to FAA and TSA contractors who directly support the above personnel.
- Duration and Termination: Funding is available from October 1, 2025, until the earliest of:
- Enactment of new appropriations (full-year or temporary) covering these purposes.
- Enactment of a budget without funding for these areas.
- September 30, 2026 (end of fiscal year 2026).
- Accounting: Any spending under this act will be deducted from future official budgets once they are passed.
- Effective Date: The law applies retroactively as if enacted on September 30, 2025.
Significant Changes to Existing Law
This bill introduces targeted, automatic continuing appropriations specifically for FAA and TSA essential operations during shutdowns, which is not part of current federal funding laws. Normally, during a government shutdown (when Congress fails to pass spending bills), non-essential government activities halt, and affected employees may work without pay. This act creates an exception for aviation safety and security roles, using emergency Treasury funds to bridge gaps, rather than relying solely on post-shutdown backpay or discretionary executive actions.
Potential Impacts
- Government Agencies: The FAA and TSA can maintain uninterrupted operations for air traffic control and security screening, reducing risks of flight delays, cancellations, or safety lapses. It eases administrative burdens on these agencies during funding disputes.
- Citizens: Air travelers benefit from reliable airport security and airspace management, minimizing disruptions to domestic and international flights. It protects public safety without broader economic fallout from aviation halts.
- International Relations: Ensures U.S. airports remain secure and operational, supporting global air travel and trade; disruptions could otherwise strain relations with international airlines or partners reliant on U.S. hubs.
- Broader Economy: Prevents costly ripple effects, such as grounded flights impacting businesses, tourism, and supply chains.
Main Stakeholders Affected
- FAA and TSA Employees: Air traffic controllers, security screeners, and support staff receive guaranteed pay and benefits during shutdowns.
- Contractors: Private firms providing services to FAA and TSA gain payment assurances for essential work.
- Aviation Industry: Airlines, airports, and related businesses avoid operational chaos from unfunded safety roles.
- General Public: Travelers and the public at large, who depend on safe and secure air transportation.
- Congress and Executive Branch: Lawmakers face incentives to resolve budget issues promptly, while the Treasury and relevant departments (Transportation and Homeland Security) handle the funding mechanics.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on Congress's constitutional power (Article I, Section 9) to control appropriations, using a rare mechanism for "indefinite" Treasury draws to fund specifics without violating anti-deficiency laws (which prohibit spending unappropriated funds). The retroactive date could allow immediate application if a shutdown occurs before full enactment.
- Constitutional: Aligns with separation of powers by legislating funding continuity, potentially limiting executive discretion in shutdown management, but raises questions about earmarking emergency funds for select agencies.
- Political: Introduced by Senators Cruz, Mullin, Lankford, and Sullivan (all Republicans), it signals bipartisan interest in averting aviation crises amid frequent budget standoffs. It could set a precedent for protecting other "essential" sectors in future shutdowns, influencing negotiations on broader spending bills without resolving underlying fiscal debates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (9)
Sen. Mullin, Markwayne [R-OK], Sen. Lankford, James [R-OK], Sen. Sullivan, Dan [R-AK], Sen. Hoeven, John [R-ND], Sen. Blackburn, Marsha [R-TN], Sen. Gallego, Ruben [D-AZ], Sen. Murkowski, Lisa [R-AK], Sen. Warnock, Raphael G. [D-GA], Sen. Moody, Ashley [R-FL]
Recent Actions
- 2025-10-22: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 205.
- 2025-10-22: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (Legislative Day October 21, 2025).
- 2025-10-22: Introduced in Senate
Bill Versions
- Keep America Flying Act of 2026 — issued 2025-10-22 — PDF (6 pages)