[House Report 111-127]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-127
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2200) TO AUTHORIZE THE
TRANSPORTATION SECURITY ADMINISTRATION'S PROGRAMS RELATING TO THE
PROVISION OF TRANSPORTATION SECURITY, AND FOR OTHER PURPOSES
_______
May 21, 2009.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Perlmutter, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 474]
The Committee on Rules, having had under consideration
House Resolution 474, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2200, the
``Transportation Security Administration Authorization Act,''
under a structured rule. The rule provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Homeland Security.
The rule waives all points of order against consideration
of the bill except those arising under clause 9 or 10 of rule
XXI. The rule provides that the amendment in the nature of a
substitute recommended by the Committee on Homeland Security
shall be considered as an original bill for the purpose of
amendment and shall be considered as read. The rule waives all
points of order against the amendment in the nature of a
substitute except those arising under clause 10 of rule XXI.
This waiver does not affect the point of order available under
clause 9 of rule XXI (regarding earmark disclosure).
The rule makes in order only those amendments printed in
this report. The amendments made in order may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except those arising under clause 9 or 10 of
rule XXI are waived. Finally, the rule provides one motion to
recommit with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except those arising under clause 9 or 10 of rule
XXI) includes a waiver of clause 3(b) of rule XIII (requiring
the results of any roll call votes in the committee report).
Although the rule waives all points of order against the
amendment in the nature of a substitute (except those arising
under clause 10 of rule XXI), the Committee is not aware of any
points of order. The waiver of points of order is prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 101
Date: May 21, 2009.
Measure: H.R. 2200.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Lungren (CA), #14, which would
require the Federal Air Marshals Service to require air
marshals hired no sooner than 30 days after enactment to
complete the criminal investigative training program at the
Federal Law Enforcement Training Center. A marshal who has
previously completed the course shall not be required to repeat
it. Not later than 3 years after enactment, an air marshal
hired before such date who has not completed the course shall
be required to complete an alternative training program.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 102
Date: May 21, 2009.
Measure: H.R. 2200.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Miller, Jeff (FL)/Reyes (TX),
#8, which would direct the TSA to transfer annually all
unclaimed monies left behind by airline passengers at airport
security checkpoints to the United Services Organization, Inc.,
for its airport programs in support of U.S. Armed Services
members.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 103
Date: May 21, 2009.
Measure: H.R. 2200.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Souder (IN), #6, which would
replace section 405 to require that all detainees held at Naval
Station Guantanamo Bay as of January 1, 2009, be placed on the
TSA No Fly list.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Foxx--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
1. Bennie Thompson (MS) Would clarify which aviation
facilities qualify for general aviation security grants,
including helicopter operators and heliports, establishes a
plan and implements a program for screening air passengers with
metal implants, improves transportation security assistance,
studies the creation of new transportation security positions
at TSA, and has a GAO review of other transportation security
functions at TSA. (10 minutes)
2. Mica (FL)/Ehlers (MI)/Graves (MO)/Petri (WI) Would alter
the standard for when TSA can issue an emergency regulation or
security device without adhering to the rule making and public
notice and comment provisions of the Administrative Procedures
Act (APA). Would allow TSA to issue a regulation or security
directive when needed ``to respond to an imminent threat of
finite duration'' and would require TSA to comply with the rule
making requirements of the APA when a security directive or
emergency order has been in place for more than 180 days. (10
minutes)
3. Mica (FL) Requires the Assistant Secretary to establish
a ``known air traveler credential'' that incorporates biometric
identifier technology. (10 minutes)
4. Bachus (AL)/Dennis Moore (KS) Would direct the
Transportation Security Administration (TSA) to develop and
implement an expedited security screening program for members
of the Armed Forces traveling on official orders while in
uniform through commercial airports. Additionally, family
members would be eligible to accompany the servicemembers
through the expedited screening process onto the concourse. (10
minutes)
5. Alcee Hastings (FL) Requires the TSA, within 6 months of
enactment, to submit a report to Congress on complaints and
claims received by the TSA for loss of property with respect to
passenger baggage screened by the TSA. (10 minutes)
6. Lincoln Diaz-Balart (FL) Would reimburse airports for
eligible costs incurred before August 3, 2007, that were
previously reimbursed at 90% of such costs. The Secretary would
reimburse such airports an amount equal to the difference for
such eligible costs. (10 minutes)
7. Castor (FL) Would direct the Secretary of Homeland
Security to prohibit states from requiring separate security
background checks for transportation security cards, and waives
application of the prohibition if a compelling homeland
security reason necessitates a separate background check. (10
minutes)
8. Jeff Flake (AZ) Would prevent earmarking in a new grant
program established in the bill, and would clarify that
Congress presumes that grants awarded through that program will
be awarded on a risk-based competitive basis, and if they are
not, require the Assistant Secretary to submit a report to
Congress explaining the reason. (10 minutes)
9. Lynch (MA) Would provide that any TSA personnel
voluntarily may wear personal protective equipment (including
surgical and N95 masks, gloves, and hand sanitizer) during any
public health emergency. (10 minutes)
10. Chaffetz (UT)/Shea-Porter (NH) Would prohibit the TSA
from using Whole Body-Imaging machines for primary screening at
airports, and would require the TSA to give passengers the
option of a pat-down search in place of going through a WBI
machine, information on the images generated by the WBI, the
privacy policies in place, and the right to request a pat-down
search, and would prohibit the TSA from storing, transferring,
or copying the images. (10 minutes)
11. Bordallo (GU) Would direct the Secretary of Homeland
Security to report to Congress on a review to be conducted by
the Transportation Security Administration (TSA) for preferred
and alternative methods of having the airports in U.S.
territories comply with TSA security regulations. The report
would also address the cost differences and financing
opportunities for such airports to fully comply with the TSA
regulations. (10 minutes)
12. Doc Hastings (WA)/Mike Rogers (AL)/Jackson-Lee (TX)
Would require TSA to increase the number of canine detection
teams used for air cargo screening by a minimum of 100 from the
date of enactment. (10 minutes)
13. Butterfield (NC) Would require a study on the use of
the combination of facial and iris recognition to rapidly
identify individuals in security checkpoint lines. The study
would focus on increased accuracy of facial and iris
recognition and the possibility of using this advanced
technology broadly for accurate identification of individuals.
(10 minutes)
14. Roskam (IL) Would require the Secretary of Homeland
Security to collect public comments from transit agencies to
determine the extent to which current allowable uses of grant
funds under the Transit Security Grant Program are sufficient
to address security improvement priorities identified by
transit agencies. Where security improvement priorities
identified by local transit agencies are not met by the
regulations implementing the grant program, the Secretary will
report to Congress on how such regulations should be changed to
accommodate them or why these are not appropriate priorities.
(10 minutes)
TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Thompson of
Mississippi, or His Designee, Debatable for 10 Minutes
Strike section 103 of the bill (with the correct sequential
provision designations [replacing the numbers currently shown
for such designations]) and conform the table of contents
accordingly.
In section 206 of the bill in the matter to be proposed to be
inserted in section 44924(f), strike ``FOREIGN'' in the section
heading.
In section 206 of the bill in the matter to be proposed to be
inserted in section 44924(f), insert ``and domestic'' after
``foreign''.
In section 206 of the bill, insert ``security'' after
``comparable''.
In section 210 of the bill in the matter proposed to be
inserted as section 44947(b)(1) of title 49, United States
Code, strike ``facilities general aviation aircraft,''and
insert ``facilities, general aviation aircraft, heliports,''.
In section 212 of the bill, in the matter proposed to be
inserted in section 44903(m) of title 49, United States Code,
strike paragraphs (1) through (3) and insert the following:
``(m) Security Screening of Individuals With Metal Implants
Traveling in Air Transportation.--
``(1) In general.--The Assistant Secretary shall
carry out a program to ensure fair treatment in the
screening of individuals with metal implants traveling
in air transportation.
``(2) Plan.--Not later than 6 months after the date
of enactment of the Transportation Security
Administration Authorization Act, the Assistant
Secretary shall submit a plan to the Committee on
Homeland Security of the House of Representatives for
improving security screening procedures for individuals
with metal implants to limit disruptions in the
screening process while maintaining security. The plan
shall include an analysis of approaches to limit such
disruptions for individuals with metal implants, and
benchmarks for implementing changes to the screening
process and the establishment of a credential or system
that incorporates biometric technology and other
applicable technologies to verify the identity of an
individual who has a metal implant.
``(3) Program.--Not later than 12 months after the
date of enactment of the Transportation Security
Administration Authorization Act, the Assistant
Secretary shall implement a program to improve security
screening procedures for individuals with metal
implants to limit disruptions in the screening process
while maintaining security, including a credential or
system that incorporates biometric technology or other
applicable technologies to verify the identity of an
individual who has a metal implant.
``(4) Metal implant defined.--In this paragraph, the
term `metal implant' means a metal device or object
that has been surgically implanted or otherwise placed
in the body of an individual, including any metal
device used in a hip or knee replacement, metal plate,
metal screw, metal rod inside a bone, and other metal
orthopedic implants.''.
Strike section 228 of the bill (with the correct sequential
provision designations [replacing the numbers currently shown
for such designations]) and conform the table of contents
accordingly.
In section 233(2) of the bill, insert ``any'' before
``requirements''.
In section 234 of the bill, strike the section heading and
insert the following: ``TRUSTED PASSENGER/REGISTERED TRAVELER
PROGRAM.''.
In section 234 of the bill, insert ``a trusted passenger
program, commonly referred to as'' before ``the Registered''.
Strike section 307 of the bill and insert the following: (and
conform the table of contents accordingly):
SEC. 307. IMPROVEMENT OF PUBLIC TRANSPORTATION SECURITY ASSISTANCE.
(a) In General.--Section 1406 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1135; Public Law 110-53) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B), by inserting
``bollards,'' after ``including''; and
(B) in subparagraph (D), by inserting after
``including'' the following: ``projects for the
purpose of demonstrating or assessing the
capability of such systems and'';
(2) by redesignating subsections (e) through (k) as
subsections (f) through (l), respectively;
(3) by redesignating subsections (l) and (m) as
subsections (n) and (o), respectively;
(4) by inserting after subsection (d) the following
new subsection (e):
``(e) Procedure.--
``(1) Timeline.--
``(A) Availability of applications.--
Applications for grants under this section for
a grant cycle shall be made available to
eligible applicants not later than 30 days
after the date of the enactment of the
appropriations Act for the Department of
Homeland Security for the same fiscal year as
the grant cycle.
``(B) Submission of applications.--A public
transportation agency that is eligible for a
grant under this section shall submit an
application for a grant not later than 45 days
after the applications are made available under
subparagraph (A).
``(C) Action.--The Secretary shall make a
determination approving or rejecting each
application submitted under subparagraph (B),
notify the applicant of the determination, and
immediately commence any additional processes
required to allow an approved applicant to
begin to receive grant funds by not later than
60 days after date on which the Secretary
receives the application.
``(2) Prohibition of cost-sharing requirement.--No
grant under this section may require any cost-sharing
contribution from the grant recipient or from any
related State or local agency.
``(3) Annual report.--Not later than the date that is
180 days after the last determination made under
paragraph (1)(C) for a grant cycle, the Secretary shall
submit to the Committees on Appropriations and Homeland
Security of the House of Representatives and the
Committees on Appropriations and Homeland Security and
Governmental Affairs of the Senate a report that
includes a list of all grant awarded under this section
for that grant cycle for which the grant recipient is
not, as of such date, able to receive grant funds and
an explanation of why such funds have not yet been
released for use by the recipient.
``(4) Performance.--
``(A) Duration.--The performance period for
grants made under this section shall be a
period of time not less than 36 months in
duration.
``(B) Timing.--The performance period for any
grant made under this section shall not begin
to run until the recipient of the grant has
been formally notified that funds provided
under the terms of the grant have been released
for use by the recipient.''.
(5) by inserting after subsection (l), as
redesignated by paragraph (2) of this section, the
following new subsection (m):
``(m) Access.--The Secretary shall ensure that, for each
grant awarded under this section, the Inspector General of the
Department is authorized to--
``(1) examine any records of the grant recipient or
any contractors or subcontractors with which the
recipient enters into a contract, or any State or local
agency, that directly pertain to and involve
transactions relating to grants under this section; and
``(2) interview any officer or employee of the
recipient, any contractors or subcontractors with which
the recipient enters into a contract, or State or local
agency regarding such transactions.''; and
(6) in subsection (o), as redesignated by paragraph
(3) of this section--
(A) by striking paragraph (1) and inserting
the following new paragraph (1):
``(1) In general.--There is authorized to be
appropriated to the Secretary to make grants under this
section--
``(A) $900,000,000 for fiscal year 2010,
except that not more than 30 percent of such
funds may be used for operational costs under
subsection (b)(2) of this section; and
``(B) $1,100,000,000 for fiscal year 2011,
except that not more than 30 percent of such
funds may be used for operational costs under
subsection (b)(2) of this section.'';
(B) by redesignating paragraphs (3) and (4)
as paragraphs (4) and (5), respectively; and
(C) by inserting after paragraph (2) the
following new paragraph (3):
``(3) Exception.--The limitation on the percentage of
funds that may be used for operational costs under
paragraph (1) shall not apply to any costs involved
with or relating to explosives detection canine teams
acquired or used for the purpose of securing public
transportation systems or facilities.''.
(b) Technical Assistance Pilot Program.--
(1) Pilot program required.--
(A) In general.--Not later than one year
after the date of the enactment of this Act,
the Assistant Secretary shall conduct and
complete a pilot program to provide grants to
not more than 7 public transportation agencies
eligible for security grants under section 1406
of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135; Public
Law 110-53) for the purpose of obtaining
external technical support and expertise to
assist such agencies in conducting
comprehensive security risk assessments of
public transportation systems, resources, and
facilities.
(B) Methodology.--Not later than 60 days
after the date of the enactment of this Act,
the Assistant Secretary shall identify--
(i) a comprehensive risk methodology
for conducting comprehensive security
risk assessments using grants made
under this subsection that accounts for
all three elements of risk, including
threat, vulnerability, and consequence;
and
(ii) an approved third-party provider
of technical support and expertise for
the purpose of providing external
assistance to grantees in conducting
comprehensive security risk
assessments.
(C) Participants.--
(i) In general.--In selecting public
transportation agencies to participate
in the pilot program, the Assistant
Secretary shall approve eligible
agencies based on a combination of
factors, including risk, whether the
agency has completed a comprehensive
security risk assessment referred to in
subparagraph (B)(i) within a year
preceding the date of enactment of this
Act, and geographic representation.
(ii) Prior efforts.--No eligible
public transportation agency may be
denied participation in the pilot
program on the grounds that it has
applied for other grants administered
by the Department for the purpose of
conducting a comprehensive security
risk assessment.
(D) Prohibitions.--In carrying out the pilot
program the Assistant Secretary shall ensure
that--
(i) grants awarded under the pilot
program shall supplement and not
replace other sources of Federal
funding;
(ii) other sources of Federal funding
are not taken into consideration when
assistance is awarded under the pilot
program; and
(iii) no aspect of the pilot program
is conducted or administered by a
component of the Department other than
the Transportation Security
Administration.
(2) Report.--Not later than 180 days after the
completion of the pilot program, the Assistant
Secretary shall submit to the Committee on Homeland
Security of the House of Representatives a report on
the results of the pilot program, including an analysis
of the feasibility and merit of expanding the pilot
program to a permanent program and any recommendations
determined appropriate by the Assistant Secretary.
(3) Authorization of appropriations.--Of amounts made
available pursuant to section 101 for fiscal year 2010,
$7,000,000 shall be available to the Assistant
Secretary to carry out this subsection. Any amount made
available to the Assistant Secretary pursuant to this
paragraph shall remain available until the end of
fiscal year 2011.
(c) Report on Recommendations of Comptroller General.--
(1) Report required.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the status of the
Secretary's implementation of the recommendations of
the Comptroller General with respect to the improvement
of the administration of security grants under section
1406 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-
53).
(2) Review by inspector general.--Before the
Secretary submits the report required under paragraph
(1), the report shall be reviewed by the Inspector
General of the Department of Homeland Security. When
the Secretary submits the report to Congress under
paragraph (1), the Secretary shall include with the
report documentation verifying that the report was
reviewed by the Inspector General in accordance with
this paragraph.
At the end of title III of the bill, insert the following
(with the correct sequential provision designations [replacing
the numbers currently shown for such designations]) and conform
the table of contents accordingly):
SEC. 312. DEPUTY ASSISTANT SECRETARY FOR SURFACE TRANSPORTATION
SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Transportation Security Administration's
capacity to address surface transportation security
would be enhanced significantly by establishing a
position of Deputy Assistant Secretary for Surface
Transportation Security to lead the Transportation
Security Administration's surface transportation
security mission; and
(2) a Deputy Assistant Secretary for Surface
Transportation Security could provide the focused
leadership and resource management necessary to
implement the policies and programs that are critical
to securing surface transportation modes and ensure the
effectiveness of the Surface Transportation Security
Inspection Office, security policy and grant functions
affecting surface transportation modes, and the Transit
Security Advisory Committee.
(b) Report.--
(1) In general.--Not later than 270 days after the
date of enactment of this Act, the Inspector General of
the Department of Homeland Security shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report on the
feasibility and merit of establishing a Deputy
Assistant Secretary for Surface Transportation Security
in the Transportation Security Administration to
reflect the reality of security threats that are faced
by all modes of transportation in the United States and
also whether establishing the position of a Deputy
Assistant Secretary for Aviation Security would more
effectively streamline or enhance the operational and
policymaking capabilities of the Transportation
Security Administration for all transportation modes.
(2) Recommendations.--The Inspector General shall
include in the report recommendations on--
(A) the most effective and efficient ways to
organize offices, functions, personnel, and
programs of the Transportation Security
Administration under or among all respective
Deputy Assistant Secretary positions to be
created;
(B) what offices, functions, personnel, and
programs of the Transportation Security
Administration would best remain outside of the
scope of any new Deputy Assistant Secretary
positions in order that such offices,
functions, personnel, and programs maintain the
status of reporting directly to the Assistant
Secretary; and
(C) any other relevant matters, as the
Inspector General determines appropriate.
In the heading of title IV of the bill, strike
``CREDENTIALING'' and insert ``ENHANCEMENTS''.
In the heading of subtitle A of title IV of the bill, strike
``Credentialing'' and insert ``Enhancements''.
Add at the end of subtitle A of title IV of the bill the
following (with the correct sequential provision designations
[replacing the numbers currently shown for such designations])
and conform the table of contents accordingly:
SEC. 406. PIPELINE SECURITY STUDY.
(a) Study.--The Comptroller General shall conduct a study
regarding the roles and responsibilities of the Department of
Homeland Security and the Department of Transportation with
respect to pipeline security. The study shall address whether--
(1) the Annex to the Memorandum of Understanding
executed on August 9, 2006, between the Department of
Homeland Security and the Department of Transportation
adequately delineates strategic and operational
responsibilities for pipeline security, including
whether it is clear which Department is responsible
for--
(A) protecting against intentional pipeline
breaches;
(B) responding to intentional pipeline
breaches; and
(C) planning to recover from the effects of
intentional pipeline breaches;
(2) the respective roles and responsibilities of each
Department are adequately conveyed to relevant
stakeholders and to the public; and
(3) the processes and procedures for determining
whether a particular pipeline breach is a terrorist
incident are clear and effective.
(b) Report on Study.--Not later than 180 days after the date
of enactment of this section, the Comptroller General shall
submit to the Committee on Homeland Security in the House of
Representatives a report containing the findings of the study
conducted under subsection (a).
(c) Report to Congress.--Not later than 90 days after the
issuance of the report regarding the study conducted pursuant
to this section, the Secretary of Homeland Security shall
review and analyze the study and submit to the Committee on
Homeland Security of the House of Representatives a report on
such review and analysis, including any recommendations for--
(1) changes to the Annex to the Memorandum of
Understanding described in subsection (a)(1); and
(2) other improvements to pipeline security
activities at the Department of Homeland Security.
At the end of subtitle A of title IV (with the correct
sequential provision designations [replacing the numbers
currently shown for such designations]) and conform the table
of contents accordingly:
SEC. 407. TRANSPORTATION SECURITY ADMINISTRATION CENTRALIZED TRAINING
FACILITY.
(a) Study.--The Secretary of Homeland Security shall carry
out a study on the feasibility of establishing a centralized
training center for advanced security training provided by the
Transportation Security Administration for the purpose of
enhancing aviation security.
(b) Considerations.--In conducting the study, the Secretary
shall take into consideration the benefits, costs, equipment,
personnel needs, and building requirements for establishing
such a training center and if the benefits of establishing the
center are an efficient use of resources for training
transportation security officers.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report regarding the results of the study.
----------
2. An Amendment To Be Offered by Representative Mica of Florida, or His
Designee, Debatable for 10 Minutes
At the end of subtitle B of title II of the bill, add the
following (with the correct sequential provision designations
[replacing the numbers currently shown for such designations])
and conform the table of contents accordingly:
SEC. 240. ISSUANCE OF REGULATIONS AND SECURITY DIRECTIVES USING
EMERGENCY PROCEDURES.
(a) In General.--Section 114(l) of title 49, United States
Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A) by striking
``immediately in order to protect
transportation security'' and inserting ``in
order to respond to an imminent threat of
finite duration''; and
(B) in subparagraph (B) by inserting ``to
determine if the regulation or security
directive is needed to respond to an imminent
threat of finite duration'' before the period
at the end of the first sentence;
(2) by striking paragraph (3) and inserting the
following:
``(3) Factors to consider.--
``(A) In general.--In determining whether to
issue, rescind, or revise a regulation or
security directive under this subsection, the
Under Secretary shall consider, as factors in
the final determination--
``(i) whether the costs of the
regulation or security directive are
excessive in relation to the
enhancement of security the regulation
or security directive will provide;
``(ii) whether the regulation or
security directive will remain
effective for more than a 90-day
period; and
``(iii) whether the regulation or
security directive will require
revision in the subsequent 90-day
period.
``(B) Authority to waive certain
requirements.--For purposes of subparagraph
(A)(i), the Under Secretary may waive
requirements for an analysis that estimates the
number of lives that will be saved by the
regulation or security directive and the
monetary value of such lives if the Under
Secretary determines that it is not feasible to
make such an estimate.''; and
(3) by adding at the end the following:
``(5) Rulemaking required.--Any regulation or
security directive issued under paragraph (2) that
remains effective, with or without revision, for a
period of more than 180 days shall be subject to a
rulemaking pursuant to subchapter II of chapter 5 of
title 5.''.
(b) Applicability.--The amendment made by subsection (a)(3)
shall apply to a regulation issued under section 114(l)(2) of
title 49, United States Code, before, on, or after the date of
enactment of this Act.
----------
3. An Amendment To Be Offered by Representative Mica of Florida, or His
Designee, Debatable for 10 Minutes
At the end of subtitle A of title II of the bill, add the
following (with the correct sequential provision designations
[replacing the numbers currently shown for such designations])
and conform the table of contents accordingly:
SEC. 214. KNOWN AIR TRAVELER CREDENTIAL.
(a) Establishment.--Section 44903(h) of title 49, United
States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8);
and
(2) by inserting after paragraph (6) the following:
``(7) Known air traveler credential.--Not later than
6 months after the date of enactment of the
Transportation Security Administration Authorization
Act, the Assistant Secretary shall--
``(A) establish a known air traveler
credential that incorporates biometric
identifier technology;
``(B) establish a process by which the
credential will be used to verify the identity
of known air travelers and allow them to bypass
airport passenger and carry-on baggage
screening;
``(C) establish procedures--
``(i) to ensure that only known air
travelers are issued the known air
traveler credential;
``(ii) to resolve failures to enroll,
false matches, and false nonmatches
relating to use of the known air
traveler credential; and
``(iii) to invalidate any known air
traveler credential that is lost,
stolen, or no longer authorized for
use;
``(D) begin issuance of the known air
traveler credential to each known air traveler
that applies for a credential; and
``(E) take such other actions with respect to
the known air traveler credential as the
Assistant Secretary considers appropriate.''.
(b) Known Air Traveler Defined.--Section 44903(h)(8) of such
title (as redesignated by subsection (a) of this section) is
amended--
(1) by redesignating subparagraph (F) as subparagraph
(G); and
(2) by inserting after subparagraph (E) the
following:
``(F) Known air traveler.--The term `known
air traveler' means a United States citizen
who--
``(i) has received a security
clearance from the Federal Government;
``(ii) is a Federal Aviation
Administration certificated pilot,
flight crew member, or cabin crew
member;
``(iii) is a Federal, State, local,
tribal, or territorial government law
enforcement officer not covered by
paragraph (6);
``(iv) is a member of the armed
forces (as defined by section 101 of
title 10) who has received a security
clearance from the Federal Government;
or
``(v) the Assistant Secretary
determines has appropriate security
qualifications for inclusion under this
subparagraph.''.
(c) Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out the
amendments made by this section.
----------
4. An Amendment To Be Offered by Representative Bachus of Alabama, or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II of the bill, add the
following (with the correct sequential provision designations
[replacing the numbers currently shown for such designations])
and conform the table of contents accordingly:
SEC. 240. SECURITY SCREENING FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 44903 of title 49, United States
Code (as amended by this Act), is further amended by adding at
the end the following:
``(n) Security Screening for Members of the Armed Forces.--
``(1) In general.--The Assistant Secretary shall
develop and implement a plan to provide expedited
security screening services for a member of the Armed
Forces, and any accompanying family member, when the
member of the Armed Forces is traveling on official
orders while in uniform through a primary airport (as
defined by section 47102).
``(2) Protocols.--In developing the plan, the
Assistant Secretary shall consider--
``(A) leveraging existing security screening
models used by airports and air carriers to
reduce passenger wait times before entering a
security screening checkpoint;
``(B) establishing standard guidelines for
the screening of military uniform items,
including combat boots; and
``(C) incorporating any new screening
protocols into an existing trusted passenger
program, as established pursuant to section
109(a)(3) of the Aviation and Transportation
Security Act (115 Stat. 613), or into the
development of any new credential or system
that incorporates biometric technology and
other applicable technologies to verify the
identity of individuals traveling in air
transportation.
``(3) Report to congress.--The Assistant Secretary
shall submit to the appropriate committees of Congress
a report on the implementation of the plan.''.
(b) Effective Date.--Not later than one year after the date
of enactment of this Act, the Assistant Secretary shall
establish the plan required by the amendment made by subsection
(a).
----------
5. An Amendment To Be Offered by Representative Hastings of Florida, or
His Designee, Debatable for 10 Minutes
In title II, at the end of subtitle B add the following new
section:
SEC. __. REPORT ON COMPLAINTS AND CLAIMS FOR LOSS OF PROPERTY FROM
PASSENGER BAGGAGE.
Not later than six months after the date of enactment of this
Act, the Assistant Secretary shall report to the Committee on
Homeland Security of the House of Representatives on complaints
and claims received by the Administration for loss of property
with respect to passenger baggage screened by the
Administration, including--
(1) the number of such claims that are outstanding;
(2) the total value of property alleged in such
outstanding claims to be missing;
(3) an estimate of the amount of time that will be
required to resolve all such outstanding claims;
(4) the amount of Administration resources that will
be devoted to resolving such outstanding claims,
including the number of personnel and funding; and
(5) efforts that the Administration is making or is
planning to make to address passenger grievances
regarding such losses, enhance passenger property
security, and provide effective oversight of baggage
screeners and other Administration personnel who come
in contact with passenger property.
----------
6. An Amendment To Be Offered by Representative Lincoln Diaz-Balart of
Florida, or His Designee, Debatable for 10 Minutes
In section 237 of the bill, insert ``(a) Process.--'' before
``Section 1604(b)(2)''.
In section 237 of the bill, insert at the end the following:
(b) Reimbursements of Airports for Eligible Costs Reimbursed
at Less Than 90 Percent.--If the Secretary or Assistant
Secretary reimbursed, after August 3, 2007, an airport that
incurred before August 3, 2007, an amount for eligible costs
under section 44923 of title 49, United States Code, that was
less than 90 percent of such costs, the Secretary or Assistant
Secretary shall reimburse such airport under such section an
amount equal to the difference for such eligible costs.
----------
7. An Amendment To Be Offered by Representative Castor of Florida, or
Her Designee, Debatable for 10 Minutes
In the heading to section 403 of the bill, insert before the
period at the end the following (and conform the table of
contents of the bill accordingly): ``; REDUNDANT BACKGROUND
CHECKS''.
At the end of section 403 of the bill, strike the closing
quotation marks and the final period and insert the following:
``(r) Redundant Background Checks.--The Secretary shall
prohibit a State or political subdivision thereof from
requiring a separate security background check for any purpose
for which a transportation security card is issued under this
section. The Secretary may waive the application of this
subsection with respect to a State or political subdivision
thereof if the State or political subdivision demonstrates a
compelling homeland security reason that a separate security
background check is necessary.''.
----------
8. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee, Debatable for 10 Minutes
In the proposed section 44947 of title 49, United States
Code, as proposed to be inserted by section 210 of the bill,
add at the end of subsection (a) the following new paragraph:
``(5) Presumption of congress relating to competitive
procedures.--
``(A) Presumption.--It is the presumption of
Congress that grants awarded under this section
will be awarded using competitive procedures
based on risk.
``(B) Report to congress.--If grants are
awarded under this section using procedures
other than competitive procedures, the
Assistant Secretary shall submit to Congress a
report explaining why competitive procedures
were not used.''.
In subsection (c) of such proposed section 44947, add at the
end the following new sentence: ``None of the funds
appropriated pursuant to this subsection may be used for a
congressional earmark as defined in clause 9d, of Rule XXI of
the rules of the House of Representatives of the 111th
Congress.''.
----------
9. An Amendment To Be Offered by Representative Lynch of Massachusetts,
or His Designee, Debatable for 10 Minutes
In section 239 of the bill, strike subsections (a) and insert
the following:
(a) Use of Personal Protective Equipment.--
(1) In general.--Any personnel of the Transportation
Security Administration voluntarily may wear personal
protective equipment during any emergency.
(2) Written guidance.--Not later than 90 days after
the date of enactment of this Act, the Secretary of
Homeland Security shall establish, coordinate, and
disseminate written guidance to personnel of the
Transportation Security Administration to allow for the
voluntary usage of personal protective equipment.
(3) Definition.--In this subsection, the term
``personal protective equipment'' includes surgical and
N95 masks, gloves, and hand sanitizer.
----------
10. An Amendment To Be Offered by Representative Chaffetz of Utah, or
His Designee, Debatable for 10 Minutes
In title II, at the end of subtitle A add the following new
section:
SEC. __. LIMITATIONS ON USE OF WHOLE-BODY IMAGING TECHNOLOGY FOR
AIRCRAFT PASSENGER SCREENING.
Section 44901 of title 49, United States Code, is amended by
adding at the end the following:
``(l) Limitations on Use of Whole-Body Imaging Technology for
Screening Passengers.--
``(1) In general.--The Assistant Secretary of
Homeland Security (Transportation Security
Administration) shall ensure that whole-body imaging
technology is used for the screening of passengers
under this section only in accordance with this
subsection.
``(2) Prohibition on use for routine screening.--
Whole-body imaging technology may not be used as the
sole or primary method of screening a passenger under
this section. Whole-body imaging technology may not be
used to screen a passenger under this section unless
another method of screening, such as metal detection,
demonstrates cause for preventing such passenger from
boarding an aircraft.
``(3) Provision of information.--A passenger for whom
screening by whole-body imaging technology is
permissible under paragraph (2) shall be provided
information on the operation of such technology, on the
image generated by such technology, on privacy policies
relating to such technology, and on the right to
request a pat-down search under paragraph (4) prior to
the utilization of such technology with respect to such
passenger.
``(4) Pat-down search option.--A passenger for whom
screening by whole-body imaging technology is
permissible under paragraph (2) shall be offered a pat-
down search in lieu of such screening.
``(5) Prohibition on use of images.--An image of a
passenger generated by whole-body imaging technology
may not be stored, transferred, shared, or copied in
any form after the boarding determination with respect
to such passenger is made.
``(6) Report.--Not later than one year after the date
of enactment of this section, and annually thereafter,
the Assistant Secretary shall submit to Congress a
report containing information on the implementation of
this subsection, on the number of passengers for whom
screening by whole-body imaging technology was
permissible under paragraph (2) as a percentage of all
screened passengers, on the number of passengers who
chose a pat-down search when presented the offer under
paragraph (4) as a percentage of all passengers
presented such offer, on privacy protection measures
taken with respect to whole-body imaging technology, on
privacy violations that occurred with respect to such
technology, and on the effectiveness of such
technology.
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Pat-down search.--The term `pat-down
search' means a physical inspection of the body
of an aircraft passenger conducted in
accordance with the Transportation Security
Administration's standard operating procedure
as described in the Transportation Security
Administration's official training manual.
``(B) Whole-body imaging technology.--The
term `whole-body imaging technology' means a
device, including a device using backscatter x-
rays or millimeter waves, used to detect
objects carried on individuals and that creates
a visual image of the individual's full body,
showing the surface of the skin and revealing
objects that are on the body.''.
----------
11. An Amendment To Be Offered by Representative Bordallo of Guam, or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title II of the bill, insert the
following (with the correct sequential provision designations
and conform the table of contents accordingly):
SEC. ____. REPORT ON CERTAIN SECURITY PLAN.
Not later than 90 days after the date of enactment of this
Act, the Assistant Secretary shall submit a report to the
appropriate committees of Congress that--
(1) reviews whether the most recent security plans
developed by the commercial aviation airports in the
United States territories meet the security concerns
described in guidelines and other official documents
issued by the Transportation Security Administration
pertaining to parts 1544 and 1546 of title 49, Code of
Federal Regulations, particularly with regard to the
commingling of passengers;
(2) makes recommendations regarding best practices
supported by the Transportation Security Administration
and any adequate alternatives that address the problems
or benefits of commingling passengers at such airports
to satisfy the concerns described in paragraph (1);
(3) reviews the potential costs of implementing the
preferred and alternative methods to address the
Administration concerns regarding parts 1544 and 1546
of title 49, Code of Federal Regulations, particularly
in regards to the commingling of passengers at the
airport; and
(4) identifies funding sources, including grant
programs, to implement improved security methods at
such airports.
----------
12. An Amendment To Be Offered by Representative Hastings of
Washington, or His Designee, Debatable for 10 Minutes
In section 230 of the bill, strike ``The'' and insert the
following:
(a) Aviation Security.--The
In section 230 of the bill, add at the end the following:
(b) Cargo Screening.--The Secretary shall increase the number
of canine detection teams, as of the date of enactment of this
Act, deployed for the purpose of meeting the 100 percent air
cargo screening requirement set forth in section 44901(g) of
title 49, United States Code, by not less than 100 canine teams
through fiscal year 2011.
----------
13. An Amendment To Be Offered by Representative Butterfield of North
Carolina, or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, insert the following
new section (with the correct sequential provision designations
[replacing the numbers currently shown for such designations])
and conform the table of contents accordingly:
SEC. 240. STUDY ON COMBINATION OF FACIAL AND IRIS RECOGNITION.
(a) Study Required.--The Assistant Secretary shall carry out
a study on the use of the combination of facial and iris
recognition to rapidly identify individuals in security
checkpoint lines. Such study shall focus on--
(1) increased accuracy of facial recognition;
(2) enhancement of existing iris recognition
technology; and
(3) establishment of integrated face and iris
features for accurate identification of individuals.
(b) Purpose of Study.--The purpose of the study required by
subsection (a) is to facilitate the use of a combination of
facial and iris recognition to provide a higher probability of
success in identification than either approach on its own and
to achieve transformational advances in the flexibility,
authenticity, and overall capability of integrated biometric
detectors and satisfy one of major issues with war against
terrorists. The operational goal of the study should be to
provide the capability to non-intrusively collect biometrics
(face image, iris) in less than ten seconds without impeding
the movement of individuals.
----------
14. An Amendment To Be Offered by Representative Roskam of Illinois, or
His Designee, Debatable for 10 Minutes
At the end of title III of the bill, insert the following:
SEC. __. PUBLIC HEARINGS ON SECURITY ASSISTANCE GRANT PROGRAM AND THE
RESTRICTION OF SECURITY IMPROVEMENT PRIORITIES.
(a) Public Hearings.--Not later than 180 days after the date
of the enactment of this Act, the Assistant Secretary shall
conduct public hearings on the administration of the security
assistance grant program under section 1406 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1135). The Assistant Secretary shall--
(1) solicit information and input from the 5 urban
areas that receive the largest amount of grant funds
under such section, including recipients providing mass
transportation and passenger rail services; and
(2) solicit feedback from such recipients on whether
current allowable uses of grant funds under the
regulations or guidance implementing the grant program
are sufficient to address security improvement
priorities identified by transit agencies.
(b) Report to Congress.--The Assistant Secretary shall submit
to the Committees on Appropriations and Homeland Security of
the House of Representatives and the Committees on
Appropriations and Homeland Security and Governmental Affairs
of the Senate a report on the findings of the public hearings
conducted under paragraph (1). The report shall include--
(1) the Assistant Secretary's determinations with
respect to the extent to which security improvement
priorities identified by transit agencies are not met
by the regulations or guidance implementing the grant
program; and
(2) how such regulations or guidance should be
changed to accommodate such priorities, or the
Assistant Secretary's justification for not addressing
such priorities with the grant program.