An amendment numbered 1 printed in House Report 111-127 to 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.

1. 1

   Change 1: Strikes section 103

   Strikes

   In H.R. 2200 · Reported in House

   Struck: SEC. 103. ENSURING CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED BUSINESS CONCERNS.

   Struck: (a) Requirements for Prime Contracts.--The Assistant Secretary shall include in each contract, valued at $300,000,000 or more, awarded for procurement of goods or services acquired for the Transportation Security Administration--

   Struck: (1) a requirement that the contractor shall implement a plan for the award, in accordance with other applicable requirements, of subcontracts under the contract to small business concerns, including small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, small business concerns owned and controlled by service- disabled veterans, HUBZone small business concerns, small business concerns participating in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)), institutions of higher education receiving assistance under title III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 1101 et seq.), and Alaska Native Corporations created pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), including the terms of such plan; and

   Struck: (2) a requirement that the contractor shall submit to the Assistant Secretary, during performance of the contract, periodic reports describing the extent to which the contractor has complied with such plan, including specification (by total dollar amount and by percentage of the total dollar value of the contract) of the value of subcontracts awarded at all tiers of subcontracting to small business concerns, institutions, and corporations referred to in subsection (a)(1).

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   Struck: (b) Utilization of Alliances.--The Assistant Secretary shall seek to facilitate award of contracts by the Administration to alliances of small business concerns, institutions, and corporations referred to in subsection (a)(1).

   Struck: (c) Annual Report.--

   Struck: (1) In general.--The Assistant 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 by October 31 each year a report on the award of contracts to small business concerns, institutions, and corporations referred to in subsection (a)(1) during the preceding fiscal year.

   Struck: (2) Contents.--The Assistant Secretary shall include in each report--

   Struck: (A) specification of the value of such contracts, by dollar amount and as a percentage of the total dollar value of all contracts awarded by the United States in such fiscal year;

   Struck: (B) specification of the total dollar value of such contracts awarded to each of the categories of small business concerns, institutions, and corporations referred to in subsection (a)(1); and

   Struck: (C) if the percentage specified under subparagraph (A) is less than 25 percent, an explanation of--

   Struck: (i) why the percentage is less than 25 percent; and

   Struck: (ii) what will be done to ensure that the percentage for the following fiscal year will not be less than 25 percent.

   Original wording

   Strike section 103 of the bill (with the correct sequential provision designations [replacing the numbers currently shown for such designations])

2. 2

   Change 2: Inserts “security” after “comparable”

   InsertsSection 206

   In H.R. 2200 · Reported in House

   Section 44924(f) of title 49, United States Code, is amended to read as follows:

   "(f) Regulations.--The Assistant Secretary shall issue regulations establishing security standards for foreign repair stations performing maintenance for aircraft used to provide air transportation and shall ensure that comparable [inserted: security ]standards apply to maintenance work performed by employees of repair stations certified under part 121 of title 14, Code of Federal Regulations, and maintenance work performed by employees of repair stations certified under part 145 of such title.".

   Original wording

   In section 206 of the bill, insert “security” after “comparable”.

3. 3

   Change 3: Strikes section 228

   Strikes

   In H.R. 2200 · Reported in House

   Struck: SEC. 228. GAO REPORT ON CERTAIN CONTRACTS AND USE OF FUNDS.

   Struck: Not later than 60 days after the date of enactment of this Act, and every 6 months thereafter, the Comptroller General 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 any funds made available by the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329), the Omnibus Appropriations Act, 2009 (Public Law 111-8), or the Economic Stimulus Act of 2008 (Public Law 110-185) used by the Transportation Security Administration to award a contract for any explosive detection screening system or to implement any other screening or detection technology for use at an airport.

   Original wording

   Strike section 228 of the bill (with the correct sequential provision designations [replacing the numbers currently shown for such designations])

4. 4

   Change 4: Inserts “any” before “requirements”

   InsertsSection 233(2)

   …[inserted: any ]requirements…

   Original wording

   In section 233(2) of the bill, insert “any” before “requirements”.

5. 5

   Change 5: Inserts “a trusted passenger program, commonly referred to as” before “the Registered”

   InsertsSection 234

   …[inserted: a trusted passenger program, commonly referred to as ]the Registered…

   Original wording

   In section 234 of the bill, insert “a trusted passenger program, commonly referred to as” before “the Registered”.

6. 6

   Change 6: Rewrites section 307

   Replaces

   In H.R. 2200 · Reported in House

   SEC. 307. [struck: SECURITY ASSISTANCE IG REPORT][inserted: IMPROVEMENT OF PUBLIC TRANSPORTATION SECURITY ASSISTANCE].

   Struck: (a) In General.--Not later than 180 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 roles and responsibilities of the Transportation Security Administration and any other relevant component of the Department of Homeland Security in administering security assistance grants under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135).

   Struck: (b) Contents.--The report shall--

   Struck: (1) clarify and describe the roles and responsibilities of each relevant component of the Department, including the Transportation Security Administration, at different stages of the grant process, including the allocation stage, the award stage, and the distribution stage;

   Struck: (2) identify areas in which relevant components of the Department, including the Transportation Security Administration, may better integrate or coordinate their activities in order to streamline the grant administration process and improve the efficiency of the project approval process for grantees;

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   Struck: (3) assess the current state of public transportation and passenger rail security expertise possessed by relevant personnel involved in the grant administration or project approval processes carried out by relevant components of the Department, including the Transportation Security Administration; and

   Struck: (4) include recommendations for how each relevant component of the Department, including the Transportation Security Administration, may further clarify, coordinate, or maximize its roles and responsibilities in administering grant funds and approving grant projects under section 1406.

   Inserted: (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--

   Inserted: (1) in subsection (b)(1)--

   Inserted: (A) in subparagraph (B), by inserting "bollards," after "including"; and

   Inserted: (B) in subparagraph (D), by inserting after "including" the following: "projects for the purpose of demonstrating or assessing the capability of such systems and";

   Inserted: (2) by redesignating subsections (e) through (k) as subsections (f) through (l), respectively;

   Inserted: (3) by redesignating subsections (l) and (m) as subsections (n) and (o), respectively;

   Inserted: (4) by inserting after subsection (d) the following new subsection (e):

   Inserted: "(e) Procedure.--

   Inserted: "(1) Timeline.--

   Inserted: "(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.

   Inserted: "(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).

   Inserted: "(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.

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   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(4) Performance.--

   Inserted: "(A) Duration.--The performance period for grants made under this section shall be a period of time not less than 36 months in duration.

   Inserted: "(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.".

   Inserted: (5) by inserting after subsection (l), as redesignated by paragraph (2) of this section, the following new subsection (m):

   Inserted: "(m) Access.--The Secretary shall ensure that, for each grant awarded under this section, the Inspector General of the Department is authorized to--

   Inserted: "(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

   Inserted: "(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

   Inserted: (6) in subsection (o), as redesignated by paragraph (3) of this section--

   Inserted: (A) by striking paragraph (1) and inserting the following new paragraph (1):

   Inserted: "(1) In general.--There is authorized to be appropriated to the Secretary to make grants under this section--

   Inserted: "(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

   Inserted: "(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.";

   Inserted: (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

   Inserted: (C) by inserting after paragraph (2) the following new paragraph (3):

   Inserted: "(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.".

   Inserted: (b) Technical Assistance Pilot Program.--

   Inserted: (1) Pilot program required.--

   Inserted: (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.

   Inserted: (B) Methodology.--Not later than 60 days after the date of the enactment of this Act, the Assistant Secretary shall identify--

   Inserted: (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

   Inserted: (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.

   Inserted: (C) Participants.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (D) Prohibitions.--In carrying out the pilot program the Assistant Secretary shall ensure that--

   Inserted: (i) grants awarded under the pilot program shall supplement and not replace other sources of Federal funding;

   Inserted: (ii) other sources of Federal funding are not taken into consideration when assistance is awarded under the pilot program; and

   Inserted: (iii) no aspect of the pilot program is conducted or administered by a component of the Department other than the Transportation Security Administration.

   Inserted: (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.

   Inserted: (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.

   Inserted: (c) Report on Recommendations of Comptroller General.--

   Inserted: (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).

   Inserted: (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.

   Original wording

   Strike section 307 of the bill and insert the following:

7. 7

   Change 7: Inserts new text at the end of title III

   Inserts

   In H.R. 2200 · Reported in House

   "(3) how the Assistant Secretary could better support State and local passenger rail and public transportation entities in maintaining certified canine teams for the life of the canine, including by providing financial assistance.".

   Inserted: (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.

   Inserted: (b) Report.--

   Inserted: (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.

   Inserted: (2) Recommendations.--The Inspector General shall include in the report recommendations on--

   Inserted: (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;

   Inserted: (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

   Inserted: (C) any other relevant matters, as the Inspector General determines appropriate.

   Inserted: In the heading of title IV of the bill, strike "CREDENTIALING" and insert "ENHANCEMENTS".

   Inserted: In the heading of subtitle A of title IV of the bill, strike "Credentialing" and insert "Enhancements".

   Original wording

   At the end of title III of the bill, insert the following

8. 8

   Change 8: Inserts new text at the end of subtitle A of title IV

   Inserts

   In H.R. 2200 · Reported in House

   "(vi) Inclusion of detainees on no fly list.--The Assistant Secretary, in coordination with the Terrorist Screening Center, shall include on the no fly list any individual who was a detainee housed at the Naval Station, Guantanamo Bay, Cuba, on or after January 1, 2009, after a final disposition has been issued by the President. For purposes of this clause, the term 'detainee' means an individual in the custody or under the physical control of the United States as a result of armed conflict.".

   Inserted: (C) planning to recover from the effects of intentional pipeline breaches;

   Inserted: (2) the respective roles and responsibilities of each Department are adequately conveyed to relevant stakeholders and to the public; and

   Inserted: (3) the processes and procedures for determining whether a particular pipeline breach is a terrorist incident are clear and effective.

   Inserted: (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).

   Inserted: (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--

   Inserted: (1) changes to the Annex to the Memorandum of Understanding described in subsection (a)(1); and

   Inserted: (2) other improvements to pipeline security activities at the Department of Homeland Security.

   Original wording

   Add at the end of subtitle A of title IV of the bill the following

Read automatically from the Congressional Record. Check the original before relying on it.

As printed