House Appropriations Committee Releases FY24 DHS/TSA/CBP Report; Measure Funds Airport Priorities, Raises Concern with Aviation Worker Screening

June 20, 2023

In advance of consideration of the fiscal year 2024 funding bill for the Department of Homeland Security by the House Appropriations Committee tomorrow, the committee released its report to accompany the measure, which includes additional details and direction to DHS and its component agencies. Notably, the report expresses concern regarding TSA aviation worker screening requirements scheduled to go into effect in late September. In the report, 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 airports and the expected benefits to aviation security.' Although this direction from the committee does not have the force of law, it is an important signal that the concerns that AAAE and airports have raised regarding TSA's approach are resonating on Capitol Hill.   
 
On the funding front, the bill provides $62.8 billion in discretionary funding for DHS, including funding for TSA and U.S. Customs and Border Protection. This funding level is $2.1 billion above the amount provided in FY23. While much of the bill is focused on securing the southern border, removing dangerous criminals, and national security priorities, it includes funding for a number of critical airport priorities. 

Transportation Security Administration

For TSA, the bill provides $10.7 billion, $1.34 billion above FY23 funding levels and $128.4 million below the administration's request. Notable funding items contained in the bill include:

• 2,039 additional Transportation Security Officers (TSOs) to meet the anticipated 4.5 percent increase in passenger travel volume,
• $111 million to restore funding for TSA personnel to monitor exit lanes at airports instead of shifting these costs to airports,
• $45.9 million for the law enforcement officer reimbursement grants that TSA had proposed for elimination,
• $34.1 million for the state and local-led canine teams, reimbursements that TSA had proposed to eliminate, and
• $105.4 million for computed tomography systems to screen carry-on baggage at passenger checkpoints, instead of decreasing these investments by one-third as proposed under the administration's budget request.

The report that accompanies the bill contains a brief TSA discussion that highlights additional funding details and recommendations. Of note:
 
• Aviation Worker Screening: The report includes language critical of TSA's recently issued 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 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 airports and the expected benefits to aviation security.' As an explanation to this direction, the report notes that 'The Committee is concerned that these new mandates, which require the establishment of screening operations at airports that parallel the staffing and infrastructure TSA already has in place for travelers, 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.' 

• TSA Personnel Pay and Compensation: The bill does not fully fund the requested pay raise for all TSA employees. Instead, it provides $856 million to fund pay increases for Transportation Security Officers. The report 'commends the dedication of the TSA screening workforce and supports the agency's efforts to ensure these frontline personnel are paid at a level comparable to the rest of the federal workforce. Therefore, the recommendation includes the requested funds for the proposed conversion of pay for the TSA screening workforce.' The report also states that 'The Committee hopes that this investment lives up to the promises of TSA leadership and addresses the agency's long-standing recruitment and retention challenges.' 

• The bill includes a provision that prohibits the agency from funding pay reforms for any other TSA employees in FY24, saving $230 million, and rescinds funds appropriated in FY23 for pay adjustments for the non-screening workforce.  

• Civil Service Protections: The bill does not support the implementation of a civil service system similar to Title 5 for TSA employees, including expanded collective bargaining, merit system protection, and associated costs. 

• Visible Intermodal Prevention and Response (VIPR) teams: The bill eliminates funding for VIPR teams, as requested by the administration (-$55.4 million). 

• Aviation Security Fees: The bill does not redirect all aviation security fees collected directly to TSA as AAAE and other groups have supported.  For appropriators to have access to all collected fees, Congress would first need to enact legislation ending the diversion of existing fees to deficit reduction, which has not occurred.  

U.S. Customs and Border Protection

For CBP, the bill recommends $19.9 billion, an increase of $3.2 billion above FY23 funding levels and $3.1 billion above the request.  Most of this funding is focused on border security but the bill includes funding for 150 new CBP Officers, as requested by the administration. The report that accompanies the bill includes the following items of note:

• Biometric Exit: The committee continues direction for CBP to provide a detailed expenditure plan for biometric exit activities, which includes information on the timeline for deployment of a biometric exit system and a realistic cost estimate for full implementation. The report encourages CBP to continue to deploy a biometric exit capability in the air environment and to work in partnership with the air travel industry on the implementation of the Biometric Entry-Exit Program. 

• Preclearance: The committee supports the continued expansion of the preclearance program and urges CBP to consider expansion to eligible partners in the Indo-Pacific region. 

• 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.' 
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For more information, attached is the bill text, committee report, and bill summary.