The Department of Homeland Security funding lapse began February 14, 2026. As of today, it is in its 64th day, the longest in American history. TSA officers have reported to work every day of that lapse, screening passengers at airports across the country.
Two pieces of legislation directly relevant to TSA officers have been introduced in the House during this fiscal year. Neither has moved beyond committee referral.
H.R. 7137, the Shutdown Fairness Act
Introduced January 16, 2026, with bipartisan sponsorship, H.R. 7137 would appropriate funds to pay all federal employees, including TSA officers, on their regularly scheduled pay dates during any lapse in appropriations. For any lapse already ongoing at the time of enactment, the bill requires payment within seven days. It covers both excepted employees required to work and furloughed employees alike, and extends the same protections to covered contractors and members of the Armed Forces.
H.R. 7941, the Pay TSA Act of 2026
Introduced March 16, 2026, H.R. 7941 addresses a structural funding problem that predates the current lapse by more than a decade.
Every airline ticket sold in the United States includes a $5.60 per one-way trip fee, commonly known as the 9/11 Security Fee, collected specifically to fund aviation security. Congress created the fee in the aftermath of the September 11 attacks with a straightforward purpose: passengers who use the aviation security system would help pay for it.
In FY2025, TSA's total aviation security expenses were $10.383 billion. The offsetting aviation security collections credited back to TSA from passenger fee revenue were $2.685 billion. Passengers paid $4.535 billion in security fees that year. Approximately $1.85 billion of that did not return to TSA.
The gap exists because Section 601 of the Bipartisan Budget Act of 2013, Public Law 113-67, amended 49 U.S.C. 44940 to require that specific dollar amounts from passenger security fee collections be deposited into the general fund of the Treasury beginning in fiscal year 2014. The diversion was written into statute with fixed annual targets, rising from $390 million in FY2014 to $1.52 billion by FY2023. It was not an administrative decision. It was a legislative one. Since 2015, when the fee increase took full effect, passengers have paid between $3.5 billion and $4.5 billion annually in security fees. The diversion mechanism has been in place for every one of those years.
The result is that TSA funds $10.383 billion in annual aviation security operations with $2.685 billion in dedicated revenue. The remaining $7.7 billion depends on annual discretionary appropriations, which lapse when Congress fails to pass a funding bill.
H.R. 7941 would repeal the diversion mechanism entirely and establish a Transportation Security Trust Fund, depositing all 9/11 Security Fee revenue directly into a dedicated fund available to TSA without further appropriation and without fiscal year limitation. Under the bill, if a funding lapse occurs, trust fund dollars become available automatically to maintain aviation security operations, with TSA officer salaries and benefits designated as the first priority use of those funds before technology, infrastructure, or any other expenditure.
What the Difference Means for TSA Officers
H.R. 7137 is a protection. If enacted, it would require Congress to ensure TSA officers are paid on time during any future lapse. Officers would remain part of the annual appropriations process, but the pay disruption mechanism would be removed.
H.R. 7941 is structural independence. If enacted, TSA officer pay would be funded by revenue passengers are already paying specifically for aviation security, held in a dedicated fund that does not lapse with annual appropriations. A funding gap in the broader federal budget would not interrupt TSA officer compensation, because TSA would not be dependent on that process for its operating funds.
Where Things Stand Today
TSA officers are currently being paid through executive action, not legislation. The Department of Homeland Security has acknowledged that this pay continuity depends on the availability of redirected funds and has notified employees that a new determination will be issued if those funds run out. The executive actions that made payment possible during this lapse carry no guarantee beyond the current funding source.
Both H.R. 7137 and H.R. 7941 remain in committee. Passengers paid $4.535 billion in security fees in FY2025 alone, the highest annual total on record. That fee was created to fund the officers screening them at the checkpoint.
