HR-9391-119
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Sponsored by Andrew Garbarino (R-NY)
What it does
This bill would extend the TSA's Reimbursable Screening Services Program, which allows airports to pay TSA for additional or enhanced security screening services, from fiscal year 2026 through fiscal year 2031. It would also raise the cap on the number of airports allowed to participate in a related pilot or expansion component from 8 to 14.
Who benefits
Airports and airport authorities seeking additional screening capacity, particularly smaller or regional airports currently on waiting lists to join the program; airlines and passengers at participating airports who may experience improved screening throughput; TSA, which receives reimbursement funding to offset staffing costs.
Who is hurt
No group is clearly and directly harmed; airports that pay for reimbursable screening bear added costs, which could be passed through to airlines or passengers via fees, and airports not among the expanded slots remain unable to participate.
Supporters argue
Supporters argue that extending and expanding this program lets airports facing screening bottlenecks pay for additional TSA staffing rather than waiting years for federal funding increases, reducing wait times for travelers. They contend that raising the participant cap from 8 to 14 responds to demonstrated demand from airports that have sought entry but were turned away under the existing limit.
Opponents argue
Opponents argue that expanding a pay-to-play screening model risks creating a two-tier security system where airports and airlines with more resources can effectively purchase faster processing, disadvantaging travelers at airports that cannot afford to participate. They contend that Congress should instead address TSA staffing and funding shortfalls directly rather than relying on airport reimbursements to patch gaps in core federal security functions.
Constitutional context
This bill raises no significant constitutional question; it operates under Congress's Article I spending and commerce powers to fund and structure a federal agency program, similar to routine reauthorizations of aviation security appropriations.
Checks and balances
Congress extends statutory authorization and sets the participant cap; TSA, an executive branch agency, administers the program and negotiates reimbursement agreements with airports, subject to routine congressional oversight and appropriations review.
Historical precedent
The reimbursable screening services program itself was established and previously extended by earlier appropriations acts, including the Consolidated Appropriations Act, 2019, making this a continuation of an existing framework rather than a new policy.