[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2378 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 2378

     To amend title 49, United States Code, to establish funds for 
 investments in aviation security checkpoint technology, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2025

 Mr. Moran (for himself, Mr. Van Hollen, Mr. Bennet, and Mr. Boozman) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To amend title 49, United States Code, to establish funds for 
 investments in aviation security checkpoint technology, 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 ``Spending Aviation Fees for 
Equipment, Guaranteeing Upgraded and Advanced Risk Detection and Safety 
Act of 2025'' or the ``SAFEGUARDS Act of 2025''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the fee collected in accordance with section 44940 of 
        title 49, United States Code (commonly known as the ``9/11 
        Security Fee''), is an airline passenger-paid fee established 
        with the express purpose of enhancing the safety and security 
        of the aviation system of the United States;
            (2) revenue generated from the 9/11 Security Fee should be 
        used exclusively to fund activities, programs, equipment, and 
        initiatives that directly improve the security of commercial 
        aviation, including passenger and baggage screening, security 
        technology upgrades, and the support of personnel responsible 
        for aviation security;
            (3) the use of the 9/11 Security Fee for purposes unrelated 
        to aviation security undermines public trust and the original 
        intent of the fee, and all proceeds from the fee should be 
        reserved and expended solely for measures that strengthen the 
        safety and security of the traveling public within the aviation 
        sector; and
            (4) the diversion of 9/11 Security Fee revenue to other 
        purposes should be ended no later than 2027, in accordance with 
        section 44940(i)(4) of title 49, United States Code, as it read 
        on the date of the enactment of this Act.

SEC. 3. IMPROVING THE AVIATION SECURITY CAPITAL FUND.

    Section 44923(h) of title 49, United States Code, is amended to 
read as follows:
    ``(h) Aviation Security Capital Fund.--
            ``(1) In general.--There is established within the 
        Department of Homeland Security a fund to be known as the 
        Aviation Security Capital Fund (in this subsection referred to 
        as the `Fund').
            ``(2) Source of funding.--
                    ``(A) In each of fiscal years 2004 through 2025 the 
                first $250,000,000 derived from fees received under 
                section 44940(a)(1) shall be available to be deposited 
                in the Fund in paragraph (1). The Administrator of the 
                Transportation Security Administration shall impose the 
                fee authorized by section 44940(a)(1) so as to collect 
                at least $250,000,000 in each of such fiscal years for 
                deposit into the Fund; and
                    ``(B) Beginning in fiscal year 2026, and for each 
                fiscal year thereafter, the first $500,000,000 derived 
                from fees received under section 44940(a)(1) shall be 
                available to be deposited in the Fund under paragraph 
                (1). The Administrator of the Transportation Security 
                Administration shall impose the fee authorized by 
                section 44940(a)(1) so as to collect at least 
                $500,000,000 in each of such fiscal years for deposit 
                into the Fund.
            ``(3) Grant authority.--Amounts in the Fund shall be 
        available to the Administrator of the Transportation Security 
        Administration to make grants under this section.''.

SEC. 4. ESTABLISHMENT OF THE AVIATION SECURITY CHECKPOINT TECHNOLOGY 
              FUND.

    Section 44923 of title 49, United States Code, is amended by--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following new 
        subsection (i):
    ``(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').
            ``(2) Funding.--Beginning in fiscal year 2026, and for each 
        fiscal year thereafter, after the first $500,000,000 is 
        deposited into the Aviation Security Capital Fund pursuant to 
        subsection (h)(2), the next $250,000,000 from fees received 
        under section 44940(a)(1) shall be available to be deposited in 
        the ASCT Fund. The Administrator of the Transportation Security 
        Administration shall impose the fee authorized by 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 of the Transportation Security Administration to 
        fund the procurement, deployment, and sustainment of aviation 
        security checkpoint and exit lane technology.
            ``(3) Grant authority.--
                    ``(A) In general.--Amounts in the ASCT Fund shall 
                be available to the Administrator of the Transportation 
                Security Administration to make grants under this 
                section.
                    ``(B) Retroactive application of grant funds.--The 
                Administrator may retroactively approve the use of 
                grant funds under this subsection for projects to 
                support the procurement, deployment, and sustainment of 
                aviation security checkpoint and exit lane technology 
                that were implemented on or after January 1, 2023.''.
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