S-4127-119
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 362.
Sponsored by Jacky Rosen (D-NV)
What it does
This bill would provide continuing appropriations specifically to fund pay, benefits, allowances, pay differentials, and other regular compensation for Transportation Security Administration (TSA) employees during the partial Department of Homeland Security (DHS) shutdown that began February 14, 2026. The appropriations would remain in effect until either a full-year or interim FY2026 DHS appropriations bill is enacted, or September 30, 2026, whichever comes first. The bill would take effect retroactively as if enacted on February 13, 2026.
Who benefits
TSA employees — approximately 60,000 workers — who would receive uninterrupted pay and benefits during the shutdown. Their families and households who depend on that income. Airlines, airports, and the broader travel industry, which depend on TSA staffing to operate security checkpoints. Travelers who would face fewer disruptions to airport screening. Contractors and local businesses near airports that depend on TSA employee spending.
Who is hurt
Other DHS employees not covered by this bill who would remain without pay during the shutdown. Taxpayers who bear the cost of the appropriations. Legislators and advocates who prefer a comprehensive DHS funding resolution rather than agency-by-agency stopgaps, as this approach may reduce pressure to reach a broader deal. Other federal workers in separate shutdown-affected agencies who receive no similar relief.
Supporters argue
Supporters argue that TSA employees perform an essential national security function — screening roughly 2.5 million passengers daily — and that forcing them to work without pay creates real financial hardship and risks attrition of trained security personnel. They contend that a targeted continuing resolution protects critical infrastructure and public safety while Congress works toward a full funding agreement, and that the retroactive effective date ensures no worker suffers a gap in compensation.
Opponents argue
Opponents argue that passing agency-by-agency funding bills undermines the leverage needed to reach a comprehensive FY2026 DHS appropriations agreement, potentially prolonging the overall shutdown for other DHS employees who remain unpaid. They contend that selectively funding one agency while leaving others — including other DHS workers performing equally essential functions — without pay creates inequitable outcomes and sets a precedent for piecemeal appropriations that weakens Congress's overall budget discipline.
Constitutional context
Congress holds the power of the purse under Article I, Section 9, which requires appropriations before federal funds may be spent. This bill exercises that core legislative authority directly. No significant Commerce Clause, agency delegation, or other contested constitutional issues are present — this is a straightforward exercise of Congress's appropriations power.
Checks and balances
Congress gains direct spending authority over TSA compensation, bypassing the lapsed DHS appropriations process; the Executive Branch implements the payments, and the bill's automatic expiration upon enactment of broader appropriations legislation limits its duration.
Historical precedent
During the 35-day partial government shutdown of 2018–2019, Congress passed targeted legislation to ensure back pay for federal workers, including TSA employees, once the shutdown ended, establishing a pattern of using standalone bills to address federal worker compensation during funding lapses.