S 3031 · 119th Congress

Keep America Flying Act of 2026

government shutdownaviation safetyairport securityfederal employee payair traffic control
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Last action 2025-10-22

Sponsored by Sen. Cruz, Ted [R-TX] (R) — TX

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Would guarantee pay and benefits for air traffic controllers, essential FAA operational staff, and TSA security screeners during any federal government shutdown, ensuring aviation operations and airport security continue without interruption.

The bill addresses a recurring vulnerability: under normal shutdown rules, these workers are required to work without pay, creating safety and staffing risks across the national airspace system.

What this bill would do

What it would do

The bill would provide automatic continuing appropriations — drawing on any unappropriated Treasury funds — to keep paying air traffic controllers, other FAA employees essential to safe airspace operations, and TSA employees involved in screening and aviation security whenever a government shutdown would otherwise cut off their salaries. It would also cover contractors supporting those workers. The funding would kick in retroactively from October 1, 2025, and would continue until regular or continuing appropriations are enacted or September 30, 2026, whichever comes first.

The bill would not fund broader FAA or TSA operations beyond the defined essential personnel and their supporting contractors. Any spending under this act would be charged against the applicable appropriation once a full funding bill is eventually enacted, meaning it functions as an advance rather than a permanent new funding stream.

Key provisions

  1. 1Would appropriate such sums as necessary to pay air traffic controllers and other essential FAA operational personnel required for safe national airspace system operation during a shutdown.Sec. 2(a)(1)
  2. 2Would appropriate such sums as necessary to pay TSA employees engaged in screening operations, aviation security duties, or related mission-support functions during a shutdown.Sec. 2(a)(2)
  3. 3Would cover payments to FAA and TSA contractors supporting the essential personnel, as determined by the Secretary of Transportation or TSA Administrator.Sec. 2(a)(3)–(4)
  4. 4Would charge all shutdown-period expenditures against applicable appropriations once a full funding act is enacted, preventing double-spending.Sec. 2(b)
  5. 5Would terminate the continuing appropriations upon enactment of any relevant appropriation, a full-year resolution without such appropriation, or September 30, 2026.Sec. 3
  6. 6Would take effect retroactively as if enacted on September 30, 2025, covering the full FY2026 period from its start.Sec. 4

Who would be affected

Air traffic controllers and other FAA operational staff whose work is required for the safe functioning of the national airspace system; TSA employees engaged in passenger and baggage screening, aviation security, and related support roles; and FAA and TSA contractors providing direct support to those employees. All would be protected from pay lapses during a shutdown.

Why it matters

Without this bill, air traffic controllers and TSA screeners must continue working during shutdowns but receive no pay until funding is restored — a situation that strains household finances, increases attrition risk, and can erode safety margins if stressed workers call in sick or quit. Guaranteed pay would remove that pressure and help maintain consistent aviation safety and security staffing throughout any funding gap.

What would change

Agencies directed to act

Federal Aviation AdministrationTransportation Security AdministrationDepartment of Transportation

Effective dates

  • Entire Act — retroactive effective date covering start of FY2026Sec. 42025-09-30
  • Continuing appropriations terminate no later than end of FY2026Sec. 32026-09-30

Funding and costs

  • such sums as are necessaryFY2026

    Pay, benefits, and allowances for essential FAA operational personnel during a government shutdownSec. 2(a)(1)

  • such sums as are necessaryFY2026

    Pay, benefits, and allowances for TSA screening and aviation security employees during a government shutdownSec. 2(a)(2)

  • such sums as are necessaryFY2026

    Payments to FAA contractors supporting essential operational personnel during a government shutdownSec. 2(a)(3)

  • such sums as are necessaryFY2026

    Payments to TSA contractors supporting screening and security personnel during a government shutdownSec. 2(a)(4)

How implementation would work

The appropriation activates automatically when a shutdown begins, requiring no additional congressional action. The Secretary of Transportation would determine which FAA contractors qualify as supporting essential personnel, and the TSA Administrator would make the same determination for TSA contractors. Any funds disbursed would be charged back to the relevant appropriations account once a regular or continuing resolution is enacted. The bill's retroactive effective date of September 30, 2025 ensures no gap period exists at the start of FY2026.

Legislative status & sources

Latest action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 205.

2025-10-22

Official CRS summary

Show the CRS summary

This bill provides continuing appropriations to pay air traffic controllers, other essential Federal Aviation Administration (FAA) employees, and certain Transportation Security Administration (TSA) employees during the period in which interim or full-year appropriations for FY2026 are not in effect (i.e., the government shutdown).

Specifically, the bill provides FY2026 continuing appropriations to pay and provide benefits to

  • air traffic controllers and other FAA essential operational personnel whose services are required for the safe and orderly operation of the national airspace system; and
  • TSA employees engaged in screening operations, aviation security duties, or related mission-support functions necessary to carry out security screening.

The bill also provides appropriations for payments to FAA and TSA contractors who are providing support to these employees.

The bill provides the continuing appropriations until the earlier of (1) the enactment into law of specified appropriations legislation, or (2) September 30, 2026.

The bill must take effect as if it had been enacted on September 30, 2025.

From the Congressional Research Service.

Legislative subjects

Transportation and Public Works

Congressional Bill

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S 3031: Keep America Flying Act of 2026 | Legislation Reporter