Senate Appropriations Committee Approves FY 2019 DHS/TSA/CBP Spending Bill

Overall, the bill proposes $48.334 billion in net discretionary funding for DHS, which is $611 million more than the level provided in the FY 2018 omnibus. The net discretionary funding does not include more than $6.6 billion for disaster relief and $165 million in contingency funding for the Coast Guard.

Transportation Security Administration (TSA)

In total, the Senate recommends $7.302 billion for the Transportation Security Administration in FY 2019, which is $226.5 million above the president's budget request and $94.6 million above the FY 2018 omnibus. The committee once again rejects the administration's proposal to raise the passenger security fee by $1 per one-way trip, noting that TSA should "heed Committee guidance to avoid submitting budget requests that assume revenues that have not been authorized by law." Key funding and legislative provisions include:

Law Enforcement Officer Reimbursement: The Senate DHS appropriations bill includes $46.28 million for TSA's LEO reimbursement program - $1 million more than was provided by the FY 2018 omnibus that Congress approved earlier this year. The president's budget request assumed Congress had already eliminated the LEO reimbursement program so it did not include any funding for these grants in FY 2019. AAAE and airports across the country urged lawmakers to keep the LEO funding intact. The Senate report includes language that "recognizes the important role that the LEO reimbursement program has played in helping airports meet federally mandated airport security requirements. The Committee directs TSA to maintain and fund the LEO Program."

Exit Lanes: The FY 2019 DHS spending bill provides $77 million for TSA staffing of exit lanes, again rejecting the administration's proposal to eliminate federal funding for exit lane staffing and shift this burden to airports. The report includes language encouraging "TSA to continue efforts to develop and install appropriate exit-lane monitoring technology where feasible and appropriate."

In addition, the bill contains statutory language requiring TSA to continue monitoring exit points from sterile areas in locations they were responsible for as of December 1, 2013. In regards to these exit points, the report notes that TSA shall continue to be responsible for monitoring exit lanes after remodeling or modernization efforts are completed.

Canine Teams: The Senate bill includes $162.4 million for the National Explosives Canine Detection Team Program to support a total of 1,097 canine teams. This funding level is $10.2 million above the president's FY 2019 budget request to establish 50 new canine teams for passenger screening. The report elaborates that "these additional canine teams will not only enhance security effectiveness inside and outside secure areas of airports, but will also increase passenger screening efficiency. TSA shall use risk-based methodology to allocate the additional teams to the highest risk airports. In addition, TSA is to consider strategies to extend canine explosive screening capabilities to medium and small airports" and brief the committees on the feasibility of implementing such a strategy within 60 days. Finally, the report urges TSA to continue to evaluate and pursue means of meeting additional demand for canine teams, to include increasing the throughput of canine teams at the canine training center at Join Base San Antonio-Lackland.

Computed Tomography: The Senate spending bill includes $71.5 million for the purchase and installation of 145 computed tomography (CT) equipment for passenger checkpoints at the highest-risk airports in the United States. This is part of a larger effort to recapitalize TSA's aging screening equipment, add detection capabilities, and improve performance to mitigate emerging aviation security threats. The FY 2018 omnibus included $64 million for CT deployment.

EDS Reimbursements: The Senate bill includes an additional $50 million to continue reimbursement of airports that incurred costs for partial or completed in-line baggage screening systems built after 9/11.

Visible Intermodal Prevention Response (VIPR) Teams: The spending bill includes $56 million to maintain 31 VIPR teams, rejecting the administration's request to eliminate funding for the program.

Screening Personnel: The spending bill includes $26 million above the FY 2019 request to fund an additional 360 front line screener personnel to support an increase in passenger volume.

Screening Partnership Program (SPP): The Senate recommends $188.4 million for the SPP program, $7 million above the president's budget request, to accommodate increases in airport screening costs.

Advanced Integrated Screening Technologies: The Senate report requires TSA to submit a detailed report on passenger and baggage screening technologies that includes a "useful description of existing and emerging technologies capable of detecting threats concealed on passengers and in baggage, as well as projected funding levels for each technology identified in the report for the next five fiscal years."

Customs and Border Protection (CBP)

In total, the Senate recommends $14.256 billion for CBP in FY 2019, $31 million above the president's budget request and $239 million above the FY 2018 omnibus. Key funding and legislative provisions include:

CBP Officers: The Senate DHS spending bill provides $48.9 million to hire an additional 375 new CBP officers to be deployed at air and land ports of entry. Funding for these new officers "will help address unmet workload staffing requirements and is recommended in recognition of wait times at certain ports of entry (POE) as well as the volume of illicit drugs passing through POEs."

Large Airport Staffing Requirements: The Senate report expresses concern that "CBP airport staffing decisions are opaque and artificially constrain growth at airports." CBP is required to brief the committee "regarding ways it is improving the staffing model or otherwise ensuring that agency staffing decisions are impartial, predictable, and allow for growth at airports with opportunities to expand into new international air passenger markets."

In addition, the Senate report requires "CBP to assess and ensure hiring practices and procedures reflect and meet the needs of large U.S. international airports in States that do not share a contiguous land border with Mexico or Canada to ensure such airports are appropriately staffed. In doing so, CBP should consider the per capita number of international tourist passenger enplanements each year. Not later than 60 days after the date of enactment of this act, CBP shall submit to the Committee a workload staffing model detailing the process and criteria used to determine the number of personnel assigned to POEs at all airports and shall include specific information relevant to determinations at large U.S. international airports in States that do not share a contiguous land border with Mexico or Canada. In addition CBP shall brief the Committee if legislation is necessary to improve hiring and retention at these airports."

Small Airport Inspection Services: The Senate is concerned that "rigid CBP policies are precluding many small airports that lack a business case for constructing a Federal Inspection Station from adding international flights, despite the existence of secure General Aviation Facilities already used by CBP for intermittent international clearance of corporate and private aircraft. Accordingly, the Committee encourages CBP to consider modifying relevant policies and work creatively with airports...to facilitate international service in a manner consistent with CBP security and resource requirements and informed by airports' fiscal constraints and existing facilities."

Polygraphs: The Senate remains concerned about the "higher-than-average polygraph failure rate for potential new hires." CBP shall report to the committee on the "effectiveness of the polygraph tests. The report shall include data comparing CBP's failure rates to those of other Federal law enforcement agencies; recommendations on whether modifications to CBP's current polygraph waver authority are warranted; and an analysis of how any modifications could be implemented without lowering standards expected for all new hires."

Recruitment, Hiring and Retention: The report repeatedly discusses CBP's recruitment, hiring and retention challenges. It provides $28.6 million above the president's budget request to address these challenges, permits CBP to reallocate unused salary funding to a new human resource contract, and to work with the Office of Personnel Management to utilize available incentives to recruit, relocate, and retain employees in rural and remote locations.

Overtime: The bill continues to cap overtime pay at $45,000 per person.

Biometric Exit: The DHS funding measure does not include any appropriated funding to implement biometric exit programs at airports nationwide. This program will continue to be funded through fees, which were authorized as part of the 9/11 Victim's Compensation Fund contained in the FY 2016 omnibus. The report directs DHS to provide a spend plan for fee revenues and any other resources being applied to biometric exit implementation not later than 30 days after enactment of this act.