Fund the TSA Act

Subjects: Transportation and Public Works


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3394 Introduced in House (IH)]

&lt;DOC&gt;






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.''.
                                 &lt;all&gt;
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