Airport Alert: House Appropriations Committee Clears FY22 DHS/TSA/CBP Spending Bill

July 13, 2021 

Today, the full House Appropriations Committee approved, on a party-line vote of 33-24, the fiscal year (FY) 2022 funding bill for the Department of Homeland Security (DHS) and component agencies, including TSA and CBP.  Subcommittee Chair Lucille Roybal-Allard (D-CA) acknowledged in her opening statement that while there is bipartisan agreement on most funding recommendations contained in the bill, there is disagreement on the handling of immigration issues. Both Full Committee Ranking Member Kay Granger (R-TX) and Subcommittee Ranking Member Chuck Fleischmann (R-TN) stated that they could not support the bill in its current form because of how certain immigration and border issues are handled.

In total, the bill provides $52.81 billion in discretionary appropriations for DHS, which is $387.3 million above the President's budget request and $934 million above the current year. According to Roybal-Allard, the increase above FY21 is approximately what is necessary "just to maintain current activities throughout the Department."

The committee considered more than a dozen amendments that largely focused on border security and immigration matters. No amendments were approved that changed funding levels for TSA or CBP activities important to airports. 

Transportation Security Administration

A total of $8.6 billion was provided for TSA activities, matching the budget request. This recommendation fully funds key airport priorities including:

• $46.4 million for the law enforcement officer reimbursement grant program,
• $30 million to continue to reimburse airports for the purchase and installation of explosive detection systems procured shortly after September 11,
• $104.5 million to continue to replace the current accessible property screening systems at checkpoints with computed tomography (CT) units,
• $4.25 million for a mobile driver's license initiative to develop the agency's capability to ingest and authenticate this digital information,
• $7.8 million for the unmanned aerial systems program including the testbeds at Miami and Los Angeles airports, and
• funding for TSA to continue monitoring exit lanes from the sterile area of the airport at those locations where TSA monitored them on December 1, 2013. 

The report that accompanies the bill contains a brief TSA discussion that highlights additional funding details and recommendations. Of note:

• Computed Tomography: In addition to providing $104.5 million for the procurement and deployment of CT equipment, the committee "encourages TSA to accelerate the program" and requires TSA "to develop a proposed procurement and deployment plan, along with a funding and execution plan, to complete the full deployment of CT machines across the nation's airports by not later than 2026." According to the budget request, the recommended funding level for FY22 will permit TSA to procure 126 systems, equally divided between base and full-sized CT units; however, the request also notes that this quantity may change based on final contract pricing and airport needs.
• Credential Authentication Technology: The committee provides $24.6 million, as requested, for the nationwide deployment of credential authentication technology (CAT). Report language notes that the "committee is aware of TSA's interest in deploying technology that will minimize physical contact between screeners and passengers, including CAT with Camera (CAT-C). Not later than 90 days after the date of enactment of this Act, TSA shall provide a briefing on technology in use, being deployed, or being considered that would reduce physical contact with passengers including CAT-C. As part of this briefing, TSA shall address how this implementation will impact the Registered Traveler Program and any steps TSA is taking to mitigate such impact. The briefing shall also address steps being taken to safeguard passenger privacy."
• Exit Lane Staffing: While the bill fully funds TSA's requirement to staff exit lanes at those airports it was statutorily required to do so, the report encourages the effective use of TSA staff resources and directs TSA to brief the committee within 90 days "on the safety and efficiency impacts of utilizing local law enforcement partnerships to staff airport exit lanes under TSA oversight."
• REAL ID: The report acknowledges that full implementation of the REAL ID requirements has been postponed until May 3, 2023, due to the impact of the COVID–19 pandemic on the operations of state motor vehicle department operations. In the interim, the report directs "TSA to provide a briefing on (1) alternative screening procedures widely available for passengers who do not have credentials that meet the requirements the REAL ID Act, and (2) TSA's efforts to prepare for enforcement of REAL ID requirements at TSA checkpoints. This briefing is to occur within 180 days.
• Real-Time Wait Time Information at Security Checkpoints: Report language supports TSA's efforts to inform the traveling public about real-time wait times at TSA's screening checkpoints and "believes disseminating this information via websites, mobile device applications or on in- airport screens help the traveling public appropriately plan their trips and helps alert TSA about wait time lags so they can be quickly addressed."
• Touchless Security Identification: The report directs TSA to provide more details on voluntary, accurate, reliable, and secure biometric identification options for passengers enrolled in PreCheck.
• Ultraviolet-C (UVC) Equipment for Screening Checkpoints: The report acknowledges TSA's pilot program to install and deploy UVC technology, both standalone systems, and systems for automated screening lanes, capable of extinguishing the presence of bacteria and viruses on trays at the security checkpoints. The committee encourages further development of this initiative and directs TSA to provide a briefing on the potential benefits, feasibility, and funding requirements for future deployment of this technology at all Category X airports.

U.S. Customs and Border Protection

In total, the bill provides $14.11 billion in net discretionary appropriations for CBP, which is $456 million (or 3 percent) below the budget request. The bill does not include funding to hire additional CBP officers or offset CBP's user fee revenue shortfalls as a result of a significant decline in international travel due to the COVID-19 pandemic. The revenue shortfall is addressed in report language accompanying the bill. The bill retains the overtime cap at $45,000 for CBP officers and continues to permit the Secretary to waive this cap on an individual basis in the case of immigration emergencies.

Key highlights from the CBP section include:

• Revenue Shortfall: The report acknowledged that "the COVID–19 pandemic continues to have a significant impact on the collection of trade and travel fee revenue on which the Office of Field Operations depends for a significant portion of its operations. Because the impact on fiscal year 2022 collections is uncertain and is still being estimated by CBP, the recommendation is based on the budget proposal and fee revenue estimates provided in CBP's budget request, with the understanding that Congress may need to address potential funding shortfalls later in the appropriations process."
• User Fee Funded Airports: The report once again strongly encourages CBP to give priority consideration to an application for port of entry status to any user fee airport that served at least 75,000 deplaned international passengers in the previous calendar year.
• Resource Allocation Model: The committee continues to require CBP to provide resource allocations at the field and office level and to brief on any staffing shortfalls including those in the air environment. 

For more information, attached is the bill text, committee report, community-funded projects, and press release

What's Next in the House?

Full Committee Chair Rosa DeLauro (D-CT) would like all FY22 appropriations bills considered by the full House of Representatives. However, based on the past few years, it is unlikely the DHS funding bill will come to the House floor due to its controversial border and immigration provisions. Press is reporting that House Democrats plan to bring a spending package to the floor within the next two weeks that could include up to seven FY22 spending bills, including the one that funds the Department of Transportation. The five most controversial bills, including DHS, will not be in that package.

Senate Appropriations Updates

Committee will consider FY22 funding recommendations for DHS. 

Today, Senators had to post any congressionally directed spending requests they made to the DHS subcommittee on their webpages. Chair Patrick Leahy (D-VT) has posted direct links to each Senators' congressional directed spending page for review and plans to post a link to a consolidated table shortly so that the public can access all requests made to the Senate Appropriations Committee in one place.  Questions regarding individual requests should be directed to the requesting office.