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HR 8770

SAFEGUARDS Act of 2026

119th Congress Introduced by Matt Van Epps and 6 co-sponsors

The SAFEGUARDS Act of 2026 requires the 9/11 Security Fee to fund only aviation security, creating two TSA funds and minimum annual deposits starting in FY 2027 to upgrade screenin

Reported (Amended) by the Committee on Homeland Security. H. Rept. 119-737.
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Bill Summary · HR 8770

Purpose and overall aim

  • HR 8770, titled the SAFEGUARDS Act of 2026, amends title 49 of the U.S. Code to create and allocate dedicated funds for aviation security investments. The bill emphasizes using passenger-paid security fees exclusively for measures that directly enhance the safety and security of commercial aviation, with specified timelines to stop diverting funds to non-security purposes.

Key provisions and changes

  • Sense of Congress (Section 2):

    • Reaffirms that the 9/11 Security Fee, charged to airline passengers, should be used only to fund aviation security activities (e.g., passenger and baggage screening, security technology upgrades, security personnel).
    • States that funds diverted to non-security purposes undermine public trust, and prohibits such diversions, with a goal to end diversion no later than 2027 (in line with existing law’s framework as read on enactment).

  • Aviation Security Funds (Section 3):

    • Improves and expands the Aviation Security Capital Fund:
    • Beginning in FY 2027, the first $500,000,000 of fees collected under 49 U.S.C. 44940(a)(1) must be deposited into the Fund each fiscal year. TSA must calibrate the fee to ensure at least $500,000,000 is collected for deposit.
    • Funds in the Capital Fund are available to the TSA Administrator to make grants or enter into agreements to enhance aviation security.
    • Establishes the Aviation Security Checkpoint Technology Fund (ASCT Fund):
    • Also funded starting FY 2027, after the initial $500,000,000 is deposited into the Capital Fund, the next $250,000,000 of fees can be deposited into the ASCT Fund each year. The fee must be set to collect at least $250,000,000 annually.
    • The ASCT Fund is dedicated to testing, procuring, deploying, installing, and sustaining aviation security checkpoint technology.
    • Amounts in the ASCT Fund are available to the TSA Administrator to grant or fund related agreements to advance checkpoint technology.
    • Conforming amendment:
    • Updates cross-references to ensure proper integration of both the Capital Fund and the ASCT Fund within the 44923 framework.

Who/what would be affected

  • Aviation security programs and equipment procurement:
    • TSA and related agencies would gain new, earmarked funding streams for security technology, checkpoint upgrades, and related security personnel needs.
  • Airline passengers and fees:
    • The 9/11 Security Fee would be administered with a clear mandate to support only aviation security measures, with the expectation (and mechanism) to maintain stated minimum annual collections to fund the new programs.

Procedural and timeline aspects

  • Funding onset:
    • FY 2027 is the first year both the Aviation Security Capital Fund and the ASCT Fund begin operating, with explicit annual minimum deposit requirements.
  • Fee administration:
    • The Administrator of TSA is tasked with setting the fee level to ensure the required yearly deposits, balancing enforcement with revenue needs.
  • Legislative path:
    • Introduced May 12, 2026; referred to Homeland Security, then to the Transportation and Maritime Security subcommittee; later advanced to a full committee mark-up and reported with votes noted (2026-06-24: reported by voice of 26-3; mark-up held).

Summary

The SAFEGUARDS Act of 2026 directs that the 9/11 Security Fee funds be dedicated to security-focused investments, creates two new TSA-funded pools (the Aviation Security Capital Fund and the Aviation Security Checkpoint Technology Fund), and sets specific minimum annual deposits beginning in FY 2027 to support upgrading screening systems, technology, and security personnel, while prohibiting diversion of these funds to non-security uses.

Compiled from official sources — confirm details with the bill’s official record.

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