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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-403

======================================================================


 
 RESOLUTION OF INQUIRY DIRECTING THE SECRETARY OF HOMELAND SECURITY TO 
 TRANSMIT TO THE HOUSE OF REPRESENTATIVES A COPY OF THE TRANSPORTATION 
   SECURITY ADMINISTRATION'S AVIATION SECURITY SCREENING MANAGEMENT 
STANDARD OPERATING PROCEDURES MANUAL IN EFFECT ON DECEMBER 5, 2009, AND 
ANY SUBSEQUENT REVISIONS OF SUCH MANUAL IN EFFECT PRIOR TO THE ADOPTION 
                           OF THIS RESOLUTION

                                _______
                                

  January 27, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                             ADVERSE REPORT

                       [To accompany H. Res. 980]

    The Committee on Homeland Security, to whom was referred 
the resolution (H. Res. 980) of inquiry directing the Secretary 
of Homeland Security to transmit to the House of 
Representatives a copy of the Transportation Security 
Administration's Aviation Security Screening Management 
Standard Operating Procedures manual in effect on December 5, 
2009, and any subsequent revisions of such manual in effect 
prior to the adoption of this resolution, having considered the 
same, report unfavorably thereon without amendment and 
recommend that the resolution not be agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     3
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     3
Federal Mandates Statement.......................................     4
Advisory Committee Statement.....................................     4
Constitutional Authority Statement...............................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     4
Changes in Existing Law Made by the Bill, as Reported............     4

                          PURPOSE AND SUMMARY

    The purpose of H. Res. 980 is to direct the Secretary of 
Homeland Security to transmit to the House of Representatives a 
copy of the Transportation Security Administration's Aviation 
Security Screening Management Standard Operating Procedures 
manual in effect on December 5, 2009, and any subsequent 
revisions of such manual in effect prior to the adoption of 
this resolution.

                  BACKGROUND AND NEED FOR LEGISLATION

    On or about December 5, 2009, an internal Transportation 
Security Administration (TSA) document setting forth screening 
procedures at U.S. airports, that included Security Sensitive 
Information (SSI), was posted on the Internet. This resolution 
was introduced by Representative Charlie Dent (R-PA) for the 
purposes of obtaining a copy of the version of the document--
TSA's Aviation Security Screening Management Standard Operating 
Procedures manual (SOP)--in effect on December 5, 2009 and any 
subsequent revisions of the document from TSA. The need for 
this resolution was obviated by TSA's delivery of these 
materials to the Committee on Homeland Security on January 26, 
2010. TSA provided a copy of the current SOP to the Committee, 
after it was requested by the leadership of the Committee, in 
accordance with Title 49 Section 114(r)(2) of the United States 
Code which states that TSA is not authorized to withhold 
sensitive security information from a committee of Congress 
authorized to have the information.

                                HEARINGS

    The Committee held no hearings on H. Res. 980.

                        COMMITTEE CONSIDERATION

    The Committee on Homeland Security considered H. Res. 980 
on January 20, 2010, and ordered the resolution to be reported 
to the House, adversely, by a recorded vote of 24 yeas and 0 
nays (Roll Call Vote No. 22). The Committee did not adopt the 
resolution by voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    The Committee ordered H. Res. 980, to be reported to the 
House, adversely, by a recorded vote of 24 yeas and 0 nays. The 
vote was as follows:
        YEAS                          NAYS
Mr. Thompson
Ms. Sanchez
Ms. Norton
Ms. Jackson-Lee
Mr. Cuellar
Mr. Carney
Ms. Richardson
Mrs. Kirkpatrick
Mr. Lujan
Mr. Owens
Mr. Pascrell
Mr. Cleaver
Mr. Himes
Ms. Kilroy
Mr. Massa
Ms. Titus
Mr. King
Mr. Souder
Mr. Lungren
Mr. Rogers
Mr. Dent
Mr. Broun
Mrs. Miller
Mr. Austria

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply, as H. Res. 980 does not provide 
new budgetary authority or increased tax expenditures.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Clause 3(c)(3) of rule XIII of the Rules of the House of 
Representatives, and Section 402 of the Congressional Budget 
Act of 1974 do not apply, as H. Res. 980 is not a bill or joint 
resolution.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Clause 3(c)(4) of rule XIII of the Rules of the House of 
Representatives does not apply, as H. Res. 980 does not 
authorize funding.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

     In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       FEDERAL MANDATES STATEMENT

    H. Res. 980 provides no Federal mandates.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives does not apply, as H. Res. 980 is not a bill or 
joint resolution.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    The Resolution of Inquiry requests the Secretary of 
Homeland Security to transmit to the United States House of 
Representatives a copy of the Transportation Security 
Administration's (TSA) Aviation Security Screening Management 
Standard Operating Procedures manual in effect on December 5, 
2009 and any subsequent revisions of such manual in effect 
prior to the adoption of this resolution.
    The Resolution requires, by passage, that it is the sense 
of the House of Representatives that the Department of Homeland 
Security, within 14 days of passage, deliver the TSA Aviation 
Security Screening Management Standard Operating Procedures 
manual in effect on December 5, 2009, and any subsequent 
revisions to the House of Representatives.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H. Res. 980 makes no changes to existing law.