June 23, 2009
What’s at Issue
The U.S. House of Representatives passed a $44 billion spending bill for the Department of Homeland Security (DHS) for Fiscal Year 2010 (FY10).
Why It’s Important
Funding for the DHS includes essential resources for major security initiatives under the Transportation Security Administration (TSA).
Major Provisions
Department of Homeland Security
- $44 billion is provided for the DHS, $2.6 billion above FY09 and $200 million below the President’s budget request.
Transportation Security Administration
- $7.69 billion is provided for FY10, which represents a 10.2% increase over FY09 and is 1.3% below the President’s budget request.
- Aviation Security: $5.266 billion is provided for aviation security, $511 million more than FY09, and $45 million below the President’s request.
- $800 million is provided for Explosives Detection Devices (EDS). This funding amount is intended to satisfy fully the TSA’s list of airports that have approved optimal screening designs that could be funded, including 25 medium- to small-sized airports.
- Aviation Regulation and Enforcement: $256 million is provided for aviation regulation and enforcement, $8.7 million above FY09 and the same as the President’s budget request.
- Within this funding, $8,696,000 is to annualize 9/11 Act activities and to support implementation of new general aviation regulatory activities.
- Of the funding provided for general aviation, $275,000 shall be used for activities to train and alert general aviation pilots to proper security measures and best practices (formerly AOPA Airport Watch). Since 2008, this funding has been available to be awarded competitively; however, the TSA has been slow in doing so. The bill states that “the Committee on Appropriations understands that TSA is currently working with stakeholders to develop a modified Large Aircraft Security Program rule that minimizes adverse effects on general aviation while addressing security concerns. We also understand that after this consultation TSA plans to issue a new notice of proposed rulemaking.”
- Air Cargo: $122.8 million is included for air cargo, the same as FY09 and $14 million above the President’s request. Funding is provided for additional domestic and international inspectors, for international air cargo activities to strengthen the development of a global air cargo security, and to continue to enable air cargo pilots to use emerging technologies that are being developed to screen larger items.
- The 9/11 Act required the DHS to establish a system to screen 50 percent of cargo transported on passenger aircraft by February 2009 and 100 percent by August 2010.
- In February 2009, the TSA stated that it was able to meet the 50 percent deadline because of a variety of initiatives the agency undertook, including requiring its personnel to screen 100 percent of cargo carried on passenger aircraft at the nation’s 250 smallest airports, removing almost all cargo screening exemptions, and mandating that all nonexempt cargo carried on narrow body aircraft be screened.
- In March 2009, the Government Accountability Office (GAO) testified that the TSA cannot verify that 50 percent of all nonexempt air cargo carried on passenger aircraft is actually being screened because the TSA does not have a system in place to verify and collect data for screening.
- The TSA has since developed a system to verify cargo screening for passenger aircraft, but it is unlikely the TSA will achieve the 100% security screening mandate by August 2010.
- The TSA has developed a Certified Cargo Screening Program to permit certified supply chain facilities to screen air cargo using a variety of technologies.
- Crew and Other Vetting Programs: $87.6 million is provided for crew and other vetting programs to support personnel working on a variety of vetting activities. This includes vetting flight crew members and employees with access to secure areas in the airports; the imposition of temporary flight restrictions; and reviews of non-scheduled commercial operators (Charters) to ensure a level of security equivalent to regularly scheduled airlines.
- Also included is the vetting of general aviation, charter, and business aircraft flying into Ronald Reagan Washington National Airport and the three Maryland airports within 15 miles of Washington D.C. (Potomac Airpark, Washington Executive, and College Park) and checks of alien flight school pilots seeking training in the United States.
- Funds are provided to annualize 9/11 Act vetting activities and to payroll 33 new positions as requested. $56,500,000 is recommended for vetting infrastructure investments.
NATA Position
NATA is pleased that Congress has moved forward on completing appropriations legislation for the DHS with the intent to pass all 13 spending bills for FY10 by the end of the fiscal year, September 30.
Status
The U.S. Senate is expected to move quickly once the bill passes the U.S. House of Representatives.
Staff Contact: Kristen Moore
Director, Legislative Affairs
kmoore@nata.aero