S2378-119

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.

2. Sense of Congress It is the sense of Congress that— 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; 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; 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 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.

4. Establishment of the aviation security checkpoint technology fund Section 44923 of title 49, United States Code, is amended by— by redesignating subsection (i) as subsection (j); and by inserting after subsection (h) the following new subsection (i): 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). 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. Amounts in the ASCT Fund shall be available to the Administrator of the Transportation Security Administration to make grants under this section. 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. (i)Aviation Security Checkpoint Technology fund(1)In generalThere 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)FundingBeginning 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 generalAmounts 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 fundsThe 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..