HB5851 would authorize continuing appropriations for essential FAA and TSA personnel during a federal government shutdown, ensuring pay, benefits, and contractor payments for air traffic controllers and security staff. The bill also creates a mechanism to charge these expenditures to a future appropriation once enacted and sets a retroactive effective date.
It includes termination triggers tied to the enactment of new or existing appropriations and a sunset date of September 30, 2026. The goal is to avoid safety or security lapses that could arise from sudden funding gaps in critical aviation operations.
At a Glance
What It Does
The bill appropriates funds for FY2026 to cover regular pay, benefits, and related payments for FAA air traffic controllers and other essential personnel, and for TSA screeners and related mission-support staffing, plus payments to contractors supporting those personnel.
Who It Affects
Directly affects FAA and TSA personnel and their contractors, as well as airports and airlines that rely on consistent security and air-traffic operations.
Why It Matters
Maintains safety and security of the national airspace during a funding gap by ensuring personnel are paid and operations continue, while tying the spending to future congressional action.
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What This Bill Actually Does
The Keep America Flying Act of 2026 provides a bridge over a potential government shutdown by continuing to fund the pay and benefits of air traffic controllers and TSA security staff. It also funds contractors who support these personnel so that flight control, security screening, and related mission support can continue without interruption.
The expenditures would be charged against the applicable appropriation when Congress passes a law authorizing it, and the act includes a retroactive date to cover the period before enactment. The act would terminate when a new appropriation for the same purposes is enacted, when a relevant appropriations bill passes without this appropriation, or on September 30, 2026.
This creates a predictable cushion to avoid operational gaps while preserving a clear end point.
The Five Things You Need to Know
The bill provides continuing appropriations for FAA air traffic controllers and essential personnel for FY2026.
It funds TSA screeners and related mission-support staff during a shutdown.
Payments to contractors supporting FAA and TSA personnel are authorized.
Expenditures are charged to future appropriations when enacted and dated retroactively to Sept 30, 2025.
The act terminates on the earlier of enactment of a new/other appropriation, passage of a relevant appropriations bill without this, or Sept 30, 2026.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Short Title
This act may be cited as the Keep America Flying Act of 2026, establishing the formal designation used for all purposes in law.
Continuing Appropriations for FAA and TSA
Section 2 authorizes continuing appropriations for FY2026 to cover pay, allowances, benefits, and other regular payments for FAA air traffic controllers and essential operational personnel, and for TSA personnel involved in screening and related functions. It also includes payments to contractors providing support to those groups. The funding is drawn from the Treasury to the extent not otherwise appropriated, and remains in effect for the period in which normal appropriations are not yet enacted.
Termination
Section 3 sets exit points for the act: (1) upon enactment of an appropriation for the covered purposes, (2) upon enactment of the applicable regular or continuing appropriations law without this specific appropriation, or (3) on September 30, 2026, whichever comes first.
Retroactive Pay Date
Section 4 provides that the act takes effect as if enacted on September 30, 2025, ensuring coverage of the intended period even as the bill moves through Congress.
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Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- FAA air traffic controllers receive continued pay and benefits, preserving safe, orderly operation of the national airspace.
- TSA security screeners receive continued pay and benefits, sustaining security screening capacity.
- Contractors supporting FAA and TSA personnel receive timely payments for services provided (e.g., maintenance, IT, logistics).
- Major airports and airline operations benefit from maintained staffing levels, reducing the risk of service disruptions.
- Travelers and the broader air-transport system benefit from continuity of safety and security operations during a funding gap.
Who Bears the Cost
- U.S. Treasury and taxpayers fund continued pay, benefits, and contractor payments during the lapse, representing a front-loaded budgetary impact.
- Contractors receiving payments to support FAA and TSA personnel contribute to ongoing obligations that must be appropriated in the future.
- Other federal programs may face delayed funding if the act competes for future appropriations and fiscal space is constrained in the interim.
Key Issues
The Core Tension
Should the government fund essential aviation personnel during a shutdown to preserve safety and security, even if it postpones hard budgetary decisions and potentially compresses future funding space for other programs?
The act creates a targeted funding bridge that avoids immediate disruption to aviation safety and security during a shutdown, but it also introduces fiscal trade-offs. By tying expenditures to future appropriations, Congress retains budgetary control, yet the mechanism could defer hard budget decisions and shift costs into later year appropriations.
The retroactive design helps ensure workers are compensated for the period covered, but it raises questions about the timing of reimbursements if subsequent appropriations are delayed. The combination of continuing pay for critical personnel and the need to coordinate with broader appropriations limits may present implementation challenges for the Treasury and the involved agencies.
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