[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3394 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3394
To amend title 49, United States Code, to improve the ability of the
Transportation Security Administration to carry out its security
mission by ensuring that revenues collected from passengers as aviation
security fees are used to help finance the costs of aviation security
screening, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2023
Mr. Thompson of Mississippi introduced the following bill; which was
referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to improve the ability of the
Transportation Security Administration to carry out its security
mission by ensuring that revenues collected from passengers as aviation
security fees are used to help finance the costs of aviation security
screening, 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 ``Fund the TSA Act''.
SEC. 2. IMPROVEMENTS TO AVIATION SECURITY FEES TO INCREASE REVENUES AND
END FEE DIVERSIONS.
(a) Changes to Aviation Security Fees.--
(1) In general.--Section 44940 of title 49, United States
Code, is amended--
(A) in subsection (c)--
(i) by amending paragraph (1) to read as
follows:
``(1) Amount.--Fees imposed under subsection (a)(1) shall
be $7.60 per one-way trip in air transportation or intrastate
air transportation that originates at an airport in the United
States, except that the fee imposed per round trip shall not
exceed $15.20, subject to adjustments made pursuant to
paragraph (2).'';
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4);
(iii) by inserting after paragraph (1) the
following new paragraph:
``(2) Adjustment for inflation.--
``(A) In general.--The Administrator of the
Transportation Security Administration shall adjust the
fee amounts established under paragraph (1) on April 1,
2026, and at the beginning of each fiscal year
thereafter, to reflect the percentage (if any) of the
increase in the average of the Consumer Price Index for
the preceding 12-month period compared to the Consumer
Price Index for fiscal year 2024.
``(B) Special rules for calculation of
adjustment.--In adjusting under subparagraph (A) the
fee amounts established under paragraph (1), the
Administrator of the Transportation Security
Administration--
``(i) shall round the amount of any
increase in the Consumer Price Index to the
nearest dollar;
``(ii) may ignore any such increase of less
than one percent;
``(iii) shall ensure that the fee imposed
per round trip does not exceed twice that of
the fee imposed per one-way trip; and
``(iv) shall publish in the Federal
Register notice of any adjustments made under
this paragraph, pursuant to subsection (d).
``(C) Consumer price index defined.--For purposes
of this subsection, the term `Consumer Price Index'
means the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor.''; and
(iv) in paragraph (4), as so redesignated,
by striking ``2027'' and inserting ``2023'';
and
(2) by striking subsection (i).
(3) Conforming amendment.--Subsection (d)(4) of such
section is amended by striking ``, other than subsection
(i),''.
(b) Funding Checkpoint Technologies, Fair Pay and Rights for TSA
Workers, and Other Security Programs.--Section 44923 of title 49,
United States Code, is amended--
(1) by redesignating subsection (i) as subsection (l); and
(2) by inserting after subsection (h) the following new
subsections:
``(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'). The second
$250,000,000 from fees received under section 44940(a)(1) in
each of fiscal years 2024 through 2028 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 44940(a)(1) 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 to fund the research,
development, procurement, deployment, and sustainment of
aviation security checkpoint technology.
``(2) Allocation.--Of the amount made available under
paragraph (1) for a fiscal year, not less than $12,500,000
shall be allocated for awards to small businesses in support of
research and development of technologies under consideration
for procurement and deployment, if such small businesses have
demonstrated an ability to produce technologies supporting the
advancement of checkpoint security screening, as determined by
the Administrator of the Transportation Security
Administration.
``(j) TSA Workforce Fair Pay and Rights Fund.--
``(1) In general.--There is established within the
Department of Homeland Security a fund to be known as the TSA
Workforce Fair Pay and Rights Fund (in this section referred to
as the `Workforce Fund'). Following the deposit of amounts
specified under subsection (i) in the ASCT Fund, the next
$1,138,700,000 from fees received under section 44940(a)(1) in
fiscal year 2024 shall be available to be deposited in the
Workforce Fund. The Administrator of the Transportation
Security Administration shall impose the fee authorized by such
section 44940(a)(1) so as to collect not less than
$1,138,700,000 in fiscal year 2024 for deposit into the
Workforce Fund. Amounts in the Workforce Fund shall be
available until expended to the Administrator to fund the
salaries and benefits of Transportation Security Administration
employees and the administration of collective bargaining and
merit systems protection rights in accordance with paragraph
(2).
``(2) Allocation.--Of the amount made available under
paragraph (1) for fiscal year 2024--
``(A) not less than $1,086,000,000 shall be
allocated for the salaries and benefits of
Transportation Security Administration employees; and
``(B) not less than $52,700,000 shall be allocated
for the administration of collective bargaining and
merit systems protection rights.
``(k) Other Security Programs Fund.--
``(1) In general.--There is established within the
Department of Homeland Security a fund to be known as the Other
Security Programs Fund (in this section referred to as the `OSP
Fund'). Following the deposit of amounts specified under
subsection (j) in the Workforce Fund, the next $130,000,000
from fees received under section 44940(a)(1) in fiscal year
2024 shall be available to be deposited in the OSP Fund. The
Administrator of the Transportation Security Administration
shall impose the fee authorized by such section 44940(a)(1) so
as to collect not less than $130,000,000 in fiscal year 2024
for deposit into the OSP Fund. Amounts in the OSP Fund shall be
available until expended to the Administrator to fund security
programs in accordance with paragraph (2).
``(2) Allocation.--Of the amount made available under
paragraph (1) for fiscal year 2024--
``(A) not less than $45,900,000 shall be allocated
to reimburse law enforcement agencies deploying law
enforcement officers to airports, in accordance with
requirements set by the Administrator;
``(B) not less than $34,100,000 shall be allocated
to reimburse law enforcement agencies deploying canines
to airports, in accordance with requirements set by the
Administrator; and
``(C) not less than $50,000,000 shall be allocated
to make discretionary grants, including other
transaction agreements, for projects providing for the
procurement, deployment, and sustainment of technology
systems to secure exit lanes from the sterile area of
an airport (as such term is defined in section 1540.5
of title 49, Code of Federal Regulations), if--
``(i) the Federal Government's share of the
cost of such a project is not more than 50
percent; and
``(ii) the Administrator approves an
application for a grant under this subsection
that contains such information as the
Administrator has prescribed.''.
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