H. Res. 474: H.R. 2200 – Transportation Security Administration Authorization Act

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Thursday,  May 21, 2009.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 243 – 917 on Thursday, June 4, 2009.

MANAGERS: Perlmutter/Diaz-Balart

111th Congress 
1st Session

H.RES 474

[Report No. 111-127]

 

H.R. 2200 – Transportation Security Administration Authorization Act

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security.
  3. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.
  4. 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.
  5. 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).
  6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.
  7. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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 division of the question in the House or in the Committee of the Whole.
  8. Waives all points of order against the amendments printed in the report except those arising under clause 9 or 10 of rule XXI.
  9. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security.  After general debate the bill shall be considered for amendment under the five-minute rule.  It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Homeland Security now printed in the bill.  The committee amendment in the nature of a substitute shall be considered as read.  All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI.  Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution.  Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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 division of the question in the House or in the Committee of the Whole.  All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. 

SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

1. Thompson, Bennie (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)/
Moore, Dennis (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. Hastings , Alcee (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. Diaz-Balart, Lincoln (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. Flake, Jeff (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 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. Hastings, Doc (WA)/
Rogers, Mike ( 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 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)