[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.

                                  
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