Airport Alert: House Appropriations Committee Releases FY 2025 DHS/TSA/CBP Report; Key Provision Included on Aviation Worker Screening
House Appropriations Committee Releases FY 2025 DHS/TSA/CBP Report
Key Provision Included on Aviation Worker Screening
June 11, 2024
In advance of consideration of the fiscal year (FY) 2025 funding bill for the Department of Homeland Security (DHS) by the full House Appropriations Committee tomorrow morning, the Committee released its FY25 report. Included in the Transportation Security Administration’s (TSA) section is language on aviation worker screening that expresses concern about the mandate, which require the establishment of screening operations at airports that parallel existing TSA staffing and infrastructure, impose an undue burden on airport operators and are being implemented without conducting a thorough cost-benefit analysis or risk assessment to justify the change.
The bill provides $64.81 billion in discretionary appropriations for DHS, including U.S. Customs and Border Protection (CBP) and TSA. This funding is $2.2 billion above the budget request for DHS. While much of the bill focuses on border and immigration matters, it includes funding for several critical airport priorities discussed below.
Transportation Security Administration
The bill provides $11.493 billion for TSA, which is $923 million above the FY24 enacted level and $37 million above the request. Notable funding items include:
• $110.99 million to restore funding for TSA personnel to monitor exit lanes at airports instead of shifting these costs to airports,
• $45.59 million to restore funding for the law enforcement officer reimbursement grants,
• $34.1 million to restore funding for the state and local-led canine team reimbursements,
• $175.2 million for the purchase and installation of computed tomography machines at passenger checkpoints,
• $13.94 million to complete the process of reimbursing airports for the cost of in-line baggage screening systems installed before December 31, 2007, and
• no funding for the Visible Intermodal Prevention and Response Program (VIPR), as requested in the budget.
While the report does not discuss the administration’s request for TSA staffing, the bill summary highlights $6.42 billion for the frontline screening workforce. This funding level should permit the agency to hire most, if not all, of the 3,473 additional Transportation Security Officers requested to staff airport checkpoints and checked baggage screening facilities without increasing wait times.
The report briefly discusses TSA funding recommendations and other matters. Of note:
Aviation Worker Screening: The report includes critical language about "TSA’s recently issued an Airport Security Program (ASP) amendment that requires airports to significantly increase airport-performed physical screening of employees and procure explosive detection screening (EDS) equipment for the first time. The Committee is concerned that these new mandates, which require the establishment of screening operations at airports that parallel existing TSA staffing and infrastructure, impose an undue burden on airport operators and are being implemented without conducting a thorough cost-benefit analysis or risk assessment to justify the change. The Committee urges TSA to rescind the current ASP amendment and solicit a formal round of notice and comment to understand the full financial and operational impacts of this proposal on airport aviation security."
Mishandled Firearms: The report directors the Administrator, in coordination with the Secretary of the Department of Transportation and other relevant federal agencies, to conduct an assessment of mishandled firearms in checked luggage, including the number misplaced, mishandled, or lost annually by commercial airlines on domestic flights, on flights originating in the U.S. to international destinations, and on flights originating in international destinations bound for the U.S.; current actions being taken by commercial airlines to ensure firearms in checked luggage are not misplaced, mishandled or lost; training being provided; notification procedures; and actions being taken by federal agencies to track these firearms.
Scheduled Carter Operations: The Committee has expressed concern with the significant growth in scheduled charter passenger flights that operate at Fixed Base Operators, noting that many of these operations at FBOs where passengers and baggage are not screened through TSA checkpoints. Within 90 days of enactment, TSA is required to brief the Committee on any steps being taken to address security with scheduled charter operators.
Security Scanning Equipment at Open Air Checkpoints: The report acknowledges challenges TSA faces in maintaining equipment in open air airports where exposure to the elements is unavoidable. Language requires TSA to identify those locations, summarize the impacts on equipment service life, detail steps taken to address this issue and make recommendations to address potential degradation of major security equipment exposed to the elements at such airports.
Category X Interconnection Program: The report includes supportive language on “efforts to interconnect all Category X airports and the TSA cloud environment.” The Administrator is required to brief the Committee on these efforts and an expansion plan for all TSA-serviced airports within 18 months. According to Committee staff, this language relates to TSA’s efforts to remotely screen images of travelers and their carry-on luggage away from the security checkpoint.
Innovation Task Force Funding Prioritization: Given the increase in passenger travel through airports, the need to reduce congestion in screening lines, and the evolution of security threats, the report directs the Innovative Task Force to prioritize its funding to improve baggage and passenger screening to meet current and future needs.
Visible Intermodal Prevention and Response Teams: As justification for its decision not to fund VIPR teams, as requested in the budget, the report notes that VIPR teams are duplicative and can face jurisdictional, and in some cases, constitutional challenges. Further, the report explains that TSA is working to move towards new concepts of surface transportation protection due to the evolving landscape.
No Screening Exemptions: The bill continues longstanding language that certain elected and appointed officials are not exempt from federal passenger and baggage screening.
U.S. Customs and Border Protection
The bill recommends $18.26 billion for CBP, which is $1.36 billion below the FY24 enacted level and $1.75 billion above the budget request. While most of this funding is focused on border security, the Committee includes $20.76 million to hire 150 new CBP Officers, as requested and $16.35 million to annualize the 150 new officers first funded in FY24.
The report that accompanies the bill includes the following items of note:
Low-Risk Air Travelers: The Committee encourages CBP to utilize technology and innovation to facilitate and expedite the processing of low-risk travelers at U.S. airports. The report encourages CBP to consider new processes, including for frequent travelers not enrolled in a trusted traveler program, efficiencies for CBP staff, impacts on the customer experience, partnership with commercial aviation stakeholders, and continued efforts to fulfill the biometric exit mandate.
Preclearance: The Committee notes the significant increase in international travel since the end of the pandemic and directs CBP to ensure adequate hiring, training, and staffing levels to support operations at the top 12 U.S. air Ports of Entry (POE) as determined by passenger enplanements. The report further notes that admitting new foreign airports should include the necessary planning and allocation to ensure the benefits are realized at each preclearance location.
Resource Allocation Model (RAM): The report continues to be supportive of the agency’s RAM, directing any modifications to the RAM at the field and office level be included in future budget submissions and directing that the Committee be briefed on resource and staffing shortfalls on the northern and southern borders compared to levels prescribed by the RAM for rail crossings and POEs in the land, air, and sea environments, including cruise ship terminals. The report also encouraged CBP to continue to improve the model by seeking external review.
User Fee Airports: The report “strongly encourages CBP to give priority consideration to an application for POE status to any user fee airport that served at least 75,000 deplaned international passengers in the previous calendar year. Further, not later than 90 days after the date of enactment of this Act, CBP shall brief the Committee on any requests by airports for increased CBP support, such as the San Bernardino International Airport, what their request would provide in terms of anticipated passenger and/or cargo volumes, and the reason for CBP accommodating or denying such requests.”
What’s Next:
On May 22, House leadership released a plan to pass all FY25 appropriations bills off the House floor by the start of the August recess. Under this plan, the FY25 DHS appropriations bill would be considered by the House of Representatives during the week of June 24.
For more information, here are links to the:
• Bill
• Report
• Full Committee Bill Summary
• A table of included Community Project Funding requests
