H5824 CONGRESSIONAL RECORD — HOUSE September 11, 2012 

limitation, as long as the agency applying for 

grant funds submits a sustainment plan for 

maintaining in future years the capability or 

capacity achieved with the funds.’’ 

TUESDAY, SEPTEMBER 11, 2012

Mr. Speaker, I rise in support of H.R. 3857, 

the Public Transit Security and Local Law Enforcement Support Act. 

Mr. Speaker, In January 2007, soon after 

Democrats took control of the House, I, along 

with my colleagues across both sides of the 

aisles, championed the 9/11 Commission Act 

of 2007. 

This legislative landmark was critical in 

strengthening our Nation’s homeland security 

efforts. Specifically, the 9/11 Act established 

the Transportation Security Grant Program 

which provides a vital source of funding for 

our transportation systems across the United 

States. 

Since the demise of Osama bin Laden, it 

has been revealed in the public domain that 

terrorists continue to be interested in developing plots to sabotage mass transit systems. 

This threat, however, is not new. 

Today marks the 11th anniversary since the 

9/11 attacks. And as such, we must take 

every step to commemorate the men and 

women we lost on that day. 

We also have the responsibility to make 

sure that we do not allow another catastrophic 

loss of life, like the one we faced that day. 

Therefore, it is imperative that we, Congress, examine how the Department of Homeland Security and the Transportation Security 

Administration are addressing the current and 

evolving threat to our transportation systems 

and continue to support programs that have 

yielded a positive security impact, such as 

TSA’s Transportation Security Grant Program. 

Which is why I am pleased to see that the 

Majority, at my request, accepted my amendment during Committee consideration to authorize $400 million for the Transportation Security Grant Program (TSGP) for FY 12 and 

FY 13. 

This funding will ensure that transportation 

agencies have the resources needed to secure our public and mass transit systems. 

Mr. TURNER of New York. Mr. 

Speaker, I have no more speakers. If 

the gentleman from Mississippi has no 

further speakers, I am prepared to 

close once the gentleman does. 

Mr. THOMPSON of Mississippi. Mr. 

Speaker, I yield myself such time as I 

may consume. 

Mr. Speaker, on this day, above all 

others, we turn our thoughts to those 

who were lost in the tragic events of 9/ 

11. It is unfortunate that the Republican leadership of the House has decided not to continue this body’s tradition of considering a resolution to commemorate first responders, the victims 

of the attack, and members of the 

Armed Forces serving at home and 

abroad. 

Mr. Speaker, I urge my colleagues to 

join me in calling for the consideration 

of a 9/11 resolution, and in support of 

H.R. 3857. H.R. 3857 authorizes funds 

critical to ensuring our Nation’s transportation systems are secure. It does so 

to the tune of $400 million, dollars that 

State and local jurisdictions desperately need. 

With that, Mr. Speaker, I yield back 

the balance of my time. 

Mr. TURNER of New York. Mr. 

Speaker, I urge Members to support 

the bill, and I yield back the balance of 

my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from New York (Mr. 

TURNER) that the House suspend the 

rules and pass the bill, H.R. 3857, as 

amended. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. THOMPSON of Mississippi. Mr. 

Speaker, on that I demand the yeas 

and nays. 

The yeas and nays were ordered. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

f 

b 1650 

NO-HASSLE FLYING ACT OF 2012 

Mr. WALSH of Illinois. Mr. Speaker, 

I move to suspend the rules and pass 

the bill (H.R. 6028) to authorize the Assistant Secretary of Homeland Security (Transportation Security Administration) to modify screening requirements for checked baggage arriving 

from preclearance airports, and for 

other purposes, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 6028 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘No-Hassle 

Flying Act of 2012’’. 

SEC. 2. PRECLEARANCE AIRPORTS. 

(a) IN GENERAL.—Section 44901(d) of title 

49, United States Code, is amended by adding 

at the end the following new paragraph: 

‘‘(4) PRECLEARANCE AIRPORTS.— 

‘‘(A) IN GENERAL.—For a flight or flight 

segment originating at an airport outside 

the United States and traveling from an airport outside the United States where U.S. 

Customs and Border Protection has established preclearance operations, the Assistant 

Secretary (Transportation Security Administration) may, in coordination with U.S. 

Customs and Border Protection, determine 

whether such baggage must be re-screened in 

the United States by an explosives detection 

system before such baggage continues on any 

additional flight or flight segment. 

‘‘(B) LIMITATION.—The Assistant Secretary 

may not exercise the authority under subparagraph (A) unless an agreement is in effect between the United States and the country from which the flight originates requiring the implementation of security standards and protocols that are determined by 

the Assistant Secretary in coordination with 

U.S. Customs and Border Protection to be 

comparable to those of the United States and 

therefore sufficiently effective to enable passengers to deplane into sterile areas of airports in the United States. 

‘‘(C) REPORT.—The Assistant Secretary 

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 an annual report on the re-screening of baggage 

under this paragraph. Each such report shall 

include the following for the year covered by 

the report: 

‘‘(i) A list of airports outside the United 

States from which a flight or flight segment 

traveled to the United States for which the 

Assistant Secretary determined, in accordance with the authority under subparagraph 

(A), that checked baggage was not required 

to be re-screened in the United States by an 

explosive detection system before such baggage continued on an additional flight or 

flight segment. 

‘‘(ii) The amount of Federal savings generated from the exercise of such authority.’’. 

(b) CONFORMING AMENDMENTS.—Section 

44901 of title 49, United States Code, is 

amended by striking ‘‘explosive’’ each place 

it appears and inserting ‘‘explosives’’. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Illinois (Mr. WALSH) and the gentleman 

from Mississippi (Mr. THOMPSON) each 

will control 20 minutes. 

The Chair recognizes the gentleman 

from Illinois. 

Mr. WALSH of Illinois. Mr. Speaker, 

I yield myself such time as I may consume. 

GENERAL LEAVE

Mr. WALSH of Illinois. I ask unanimous consent that all Members may 

have 5 legislative days within which to 

revise and extend their remarks and include extraneous material on the bill 

under consideration. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Illinois? 

There was no objection. 

Mr. WALSH of Illinois. Mr. Speaker, 

earlier this year I introduced H.R. 6028, 

the No-Hassle Flying Act, which is a 

very simple bill that streamlines baggage security measures for international flights. 

Over the past decade, the U.S. Customs and Border Patrol has designated 

14 international airports as 

preclearance airports. They are located 

in Canada, the Caribbean, and Ireland, 

and continue to exhibit comparable security standards to ours right here in 

the United States. When passengers 

originate from one of these airports 

and fly into the U.S., they are not required to go through security again because they have already been fully vetted. Unfortunately, an ambiguity in 

U.S. law does not exempt their bags as 

well. 

U.S. law today requires all baggage 

entering the United States to be rescreened by a TSA agent, regardless of 

where it originates. That means that 

passengers, often on short or late-night 

layovers, must exit security, claim 

their bags from baggage claim, recheck 

them, and go through security again. 

This double security does not equal 

double safety. It equals missed flights, 

more hassles, and it wastes taxpayer 

dollars. 

Therefore, all this bill does is give 

CBP and TSA the authority to exempt 

baggage coming from one of those 14 

preclearance airports from being rescreened as well. This issue was 

brought to my attention by TSA, and 

H.R. 6028 has come together with a 

great deal of their help. 


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September 11, 2012 CONGRESSIONAL RECORD — HOUSE H5825 

I would like to also especially thank 

the staffs of Representatives THOMPSON

and SHEILA JACKSON LEE for helping 

improve upon this bill. With their help, 

H.R. 6028 has been redrafted to clarify 

the intent of the bill, which is that 

baggage originating only from 

preclearance airports can enter the 

United States without being rescreened. 

As TSA and CBP gravitate toward 

more efficient risk-based security 

measures instead of 100 percent blanket 

checks, this type of bipartisan legislation will make that process easier. It 

will also save travelers time and allow 

security officers to focus on higher-risk 

baggage from overseas locations. 

I also want to thank Subcommittee 

Chairman ROGERS and his staff for 

their assistance on this bill. 

I urge Members to vote in support. I 

reserve the balance of my time. 

Mr. THOMPSON of Mississippi. Mr. 

Speaker, I rise in support of H.R. 6028, 

the No-Hassle Flying Act of 2012, and 

yield myself such time as I may consume. 

Mr. Speaker, while I support the legislation we are considering today, I’m 

concerned that on this, the anniversary 

of the terrorist attack of September 11, 

we are not considering a bipartisan 

package of legislation. 

On this day, 11 years ago, our country was attacked and came together 

like never before to face the immense 

challenges of rebuilding and restructuring our security systems. With the 

creation of the 9/11 Commission, the 

Transportation Security Administration and, ultimately, the Department 

of Homeland Security, we demonstrated that homeland security is an 

American issue, not a partisan one. 

Why then, I must ask, are we not 

considering a bipartisan package of 

legislative proposals that have previously received the unanimous support of the Committee on Homeland 

Security? 

Why is this bill, which never received 

committee consideration, being put on 

the House floor ahead of H.R. 1165, the 

Transportation Security Administration Ombudsman Act? That bill, introduced by Representative JACKSON LEE, 

received the unanimous support of the 

Committee on Homeland Security. Despite that, it has sat idle on the Union 

Calendar for over 10 months. 

Why are we not considering H.R. 6328, 

a thoughtful proposal introduced by 

Representative HOCHUL that would require TSA to transfer unclaimed clothing found at security checkpoints to 

veterans in need? With the wars in Iraq 

and Afghanistan that were fought in 

the aftermath of 9/11 over and coming 

to an end, respectively, I could think of 

no more appropriate legislation for this 

body to consider today than a bill 

aimed at supporting our veterans. 

Mr. Speaker, I support the bill we are 

considering today because it is a commonsense proposal that will make air 

travel more convenient for a select few 

and has the potential to enhance efficiencies. When we can eliminate duplicative screening without compromising 

security, I will lend my support. 

Accordingly, I support this legislation that the Obama administration 

proposed and the gentleman from Illinois, Representative WALSH introduced. 

With that, Mr. Speaker, I reserve the 

balance of my time. 

Mr. WALSH of Illinois. Mr. Speaker, 

I’m prepared to close. I reserve the balance of my time. 

Mr. THOMPSON of Mississippi. Mr. 

Speaker, I yield for as much time as 

she may consume to the gentlewoman 

from Texas (Ms. JACKSON LEE). 

Ms. JACKSON LEE of Texas. Let me 

thank the ranking member for his 

courtesies of extending the time, and 

let me acknowledge the gentleman 

from Illinois for the work on this bill 

and working with my office. 

At the first glance, though, this has 

been proposed by the Obama administration, one would wonder why we were 

lessening any oversight over baggage. 

But this is a process that I think is in 

compliance with all of our commitment to safety and security. 

And, in particular, on this day, I do 

appreciate the fact that there are certain airports which this will cover, 

that this responds in particular to 

friends to the north of us, Canada, 

which has the most sophisticated technology, and a number of other airports. 

Also, I think, because of the oversight of the Secretary of Homeland Security, in case there is a need to review 

this particular process which allows for 

a bag of an entering person to continue 

on with them as they come into the 

country going on to their domestic location. This is, again, an item of trust, 

but also an item of technology and an 

item of oversight. 

This is an administrative proposal 

that came by way of the White House 

in order to establish an administrative 

process to which the flying public can 

travel with minimum security disruption. 

I always emphasize, however, the importance of ensuring in the most—the 

highest of responsibilities, the security 

of this Nation. I believe that we, as 

Congress, have the responsibility to ensure that aviation security is not compromised through any efforts that ease 

travel for the flying public. 

The Obama administration has taken 

great strides in enhancing our transportation security, particularly that in 

aviation. Although Osama bin Laden, 

as I’ve repeated before on this floor, is 

dead, the threat to our aviation safety 

and security continues to evolve because we’re well aware of franchise terrorism. Not only did the administration lead a successful attack to remove 

one of the most dangerous terrorists in 

the world, the Obama administration 

has also taken significant steps to enhance policies that protect the American flying public. 

In December, the Department will 

successfully meet a Congressional 

cargo screening mandate of screening 

100 percent cargo aboard passenger 

flights traveling in the United States 

and those inbound to the United States 

from foreign countries. This is a noteworthy accomplishment, since several 

in Washington, D.C., touted that it 

could not be done. It’s a day of celebration. It’s something that the 9/11 families welcome. 

Today marks 11 years since we experienced the devastating loss of life, and 

9/11 marked all of our lives by exposing 

doubts. But as I indicated in my earlier 

statement, this is a great country, and 

of course we continue to emphasize not 

only our democracy, but our rights, 

along with our security. 

There’s no doubt today that we are 

resilient and that we are survivors. 

Let’s not forget the progress we’ve 

made in transportation security policies, and we must continue to support 

measures that take us forward. 

That is why I support H.R. 6028 and 

ask that my colleagues do so, because 

not only does it help to expedite, it 

helps to be efficient, but it is in conjunction with security. That is the 

right step and a collaborative way that 

we can work together. 

Again, I ask support for this legislation. 

Mr. Speaker, H.R. 6028, The No-Hassle Flying Act of 2012. grants the Assistant Secretary 

of Homeland Security (Transportation Security 

Administration [TSA]) discretion to determine 

whether checked baggage on a flight or flight 

segment originating at an airport outside the 

United States must be re-screened in the 

United States for explosives before it can continue on any additional flight or flight segment 

if the baggage has already been screened in 

the foreign airport in accordance with an aviation security preclearance agreement between 

the United States and the country in which the 

airport is located. 

TUESDAY, SEPTEMBER 11, 2012

Mr. Speaker, I stand here today in support 

of this legislation we are considering today. 

H.R. 6028 came to this chamber as an administrative proposal by the White House in 

order to establish an administrative process 

through which the flying public can travel with 

minimal security disruption. 

I believe that we, as Congress, have the responsibility to ensure that aviation security is 

not compromised through any efforts that ease 

travel for the flying public. 

The Obama Administration has taken great 

strides in enhancing our transportation security, particularly that in aviation. 

Although Osama bin Laden is dead, the 

threat to our aviation safety and security continues to evolve. Not only did this Administration lead a successful attack to remove one of 

the most dangerous terrorists in the world, the 

Obama Administration has also taken significant steps to enhance policies that protect the 

American flying public. 

In December, the Department will successfully meet a Congressional cargo-screening 

mandate of screening 100% cargo aboard 

passenger flights traveling in the United States 

and those inbound to the United States from 

foreign countries. 

This is a noteworthy accomplishment; since 

several in Washington, DC touted that this 

could not be done. 


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H5826 CONGRESSIONAL RECORD — HOUSE September 11, 2012 

Today marks 11 years since we experienced a devastating loss of life. 

9/11 marked all of our lives by surfacing 

doubts of our resiliency as a Country. 

There is no doubt, today, that we are resilient and that we are survivors. Let’s not forget 

the progress we have made in transportation 

security policies and we must continue to support measures that take us forward and provide a more safe and secure transportation for 

all Americans. 

That is why I support H.R. 6028 and ask 

that my colleagues do the same. 

b 1700 

Mr. THOMPSON of Mississippi. Mr. 

Speaker, I have no more speakers. If 

the gentleman from Illinois has no 

more speakers, then I am prepared to 

close. 

Mr. WALSH of Illinois. I have no 

more speakers. 

Mr. THOMPSON of Mississippi. I 

yield myself such time as I may consume. 

Mr. Speaker, on this day above all 

others, we turn our thoughts to those 

who were lost in the tragic events of 9/ 

11. It is unfortunate that the House has 

missed the opportunity today to consider noncontroversial Homeland Security legislation introduced by both 

Democrats and Republicans, thus 

showing that on 9/11 we put partisan 

politics aside and focused on doing the 

right thing. 

Before closing, I would like to extend 

my congratulations to the gentleman 

from Illinois, Representative WALSH, 

for having bills on the floor for consideration for the first time today. I suspect that he is as surprised as I am 

that one of his first bills to reach the 

floor was proposed to Congress by the 

Obama administration. 

With that, Mr. Speaker, I urge the 

passage of this proposal from the 

Obama administration, and I yield 

back the balance of my time. 

Mr. WALSH of Illinois. I thank the 

ranking member. 

I urge all Members, Mr. Speaker, to 

join me in support of this bipartisan 

bill, and I yield back the balance of my 

time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Illinois (Mr. 

WALSH) that the House suspend the 

rules and pass the bill, H.R. 6028, as 

amended. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill, as 

amended, was passed. 

A motion to reconsider was laid on 

the table. 

f 

HAZARDOUS WASTE ELECTRONIC 

MANIFEST ESTABLISHMENT ACT 

Mr. MURPHY of Pennsylvania. Mr. 

Speaker, I move to suspend the rules 

and pass the bill (S. 710) to amend the 

Solid Waste Disposal Act to direct the 

Administrator of the Environmental 

Protection Agency to establish a hazardous waste electronic manifest system, as amended. 

The Clerk read the title of the bill. 

The text of the amendment is as follows: 

Strike out all after the enacting clause and 

insert: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Hazardous 

Waste Electronic Manifest Establishment Act’’. 

SEC. 2. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM. 

(a) IN GENERAL.—Subtitle C of the Solid Waste 

Disposal Act (42 U.S.C. 6921 et seq.) is amended 

by adding at the end the following: 

‘‘SEC. 3024. HAZARDOUS WASTE ELECTRONIC 

MANIFEST SYSTEM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) BOARD.—The term ‘Board’ means the 

Hazardous Waste Electronic Manifest System 

Advisory Board established under subsection (f). 

‘‘(2) FUND.—The term ‘Fund’ means the Hazardous Waste Electronic Manifest System Fund 

established by subsection (d). 

‘‘(3) PERSON.—The term ‘person’ includes an 

individual, corporation (including a Government corporation), company, association, firm, 

partnership, society, joint stock company, trust, 

municipality, commission, Federal agency, 

State, political subdivision of a State, or interstate body. 

‘‘(4) SYSTEM.—The term ‘system’ means the 

hazardous waste electronic manifest system established under subsection (b). 

‘‘(5) USER.—The term ‘user’ means a hazardous waste generator, a hazardous waste 

transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or 

disposal facility, or any other person that— 

‘‘(A) is required to use a manifest to comply 

with any Federal or State requirement to track 

the shipment, transportation, and receipt of 

hazardous waste or other material that is 

shipped from the site of generation to an off-site 

facility for treatment, storage, disposal, or recycling; and 

‘‘(B)(i) elects to use the system to complete 

and transmit an electronic manifest format; or 

‘‘(ii) submits to the system for data processing 

purposes a paper copy of the manifest (or data 

from such a paper copy), in accordance with 

such regulations as the Administrator may promulgate to require such a submission. 

‘‘(b) ESTABLISHMENT.—Not later than 3 years 

after the date of enactment of this section, the 

Administrator shall establish a hazardous waste 

electronic manifest system that may be used by 

any user. 

‘‘(c) USER FEES.— 

‘‘(1) IN GENERAL.—In accordance with paragraph (4), the Administrator may impose on 

users such reasonable service fees as the Administrator determines to be necessary to pay costs 

incurred in developing, operating, maintaining, 

and upgrading the system, including any costs 

incurred in collecting and processing data from 

any paper manifest submitted to the system 

after the date on which the system enters operation. 

‘‘(2) COLLECTION OF FEES.—The Administrator 

shall— 

‘‘(A) collect the fees described in paragraph 

(1) from the users in advance of, or as reimbursement for, the provision by the Administrator of system-related services; and 

‘‘(B) deposit the fees in the Fund. 

‘‘(3) FEE STRUCTURE.— 

‘‘(A) IN GENERAL.—The Administrator, in consultation with information technology vendors, 

shall determine through the contract award 

process described in subsection (e) the fee structure that is necessary to recover the full cost to 

the Administrator of providing system-related 

services, including— 

‘‘(i) contractor costs relating to— 

‘‘(I) materials and supplies; 

‘‘(II) contracting and consulting; 

‘‘(III) overhead; 

‘‘(IV) information technology (including costs 

of hardware, software, and related services); 

‘‘(V) information management; 

‘‘(VI) collection of service fees; 

‘‘(VII) reporting and accounting; and 

‘‘(VIII) project management; and 

‘‘(ii) costs of employment of direct and indirect Government personnel dedicated to establishing, managing, and maintaining the system. 

‘‘(B) ADJUSTMENTS IN FEE AMOUNT.— 

‘‘(i) IN GENERAL.—The Administrator, in consultation with the Board, shall increase or decrease the amount of a service fee determined 

under the fee structure described in subparagraph (A) to a level that will— 

‘‘(I) result in the collection of an aggregate 

amount for deposit in the Fund that is sufficient 

and not more than reasonably necessary to 

cover current and projected system-related costs 

(including any necessary system upgrades); and 

‘‘(II) minimize, to the maximum extent practicable, the accumulation of unused amounts in 

the Fund. 

‘‘(ii) EXCEPTION FOR INITIAL PERIOD OF OPERATION.—The requirement described in clause 

(i)(II) shall not apply to any additional fees 

that accumulate in the Fund, in an amount that 

does not exceed $2,000,000, during the 3-year period beginning on the date on which the system 

enters operation. 

‘‘(iii) TIMING OF ADJUSTMENTS.—Adjustments 

to service fees described in clause (i) shall be 

made— 

‘‘(I) initially, at the time at which initial development costs of the system have been recovered by the Administrator such that the service 

fee may be reduced to reflect the elimination of 

the system development component of the fee; 

and 

‘‘(II) periodically thereafter, upon receipt and 

acceptance of the findings of any annual accounting or auditing report under subsection 

(d)(3), if the report discloses a significant disparity for a fiscal year between the funds collected from service fees under this subsection for 

the fiscal year and expenditures made for the 

fiscal year to provide system-related services. 

‘‘(4) CREDITING AND AVAILABILITY OF FEES.— 

Fees authorized under this section shall be collected and available for obligation only to the 

extent and in the amount provided in advance 

in appropriations Acts. 

‘‘(d) HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND.— 

‘‘(1) ESTABLISHMENT.—There is established in 

the Treasury of the United States a revolving 

fund, to be known as the ‘Hazardous Waste 

Electronic Manifest System Fund’, consisting of 

such amounts as are deposited in the Fund 

under subsection (c)(2)(B). 

‘‘(2) EXPENDITURES FROM FUND.— 

‘‘(A) IN GENERAL.—Only to the extent provided in advance in appropriations Acts, on request by the Administrator, the Secretary of the 

Treasury shall transfer from the Fund to the 

Administrator amounts appropriated to pay 

costs incurred in developing, operating, maintaining, and upgrading the system under subsection (c). 

‘‘(B) USE OF FUNDS BY ADMINISTRATOR.—Fees 

collected by the Administrator and deposited in 

the Fund under this section shall be available to 

the Administrator subject to appropriations Acts 

for use in accordance with this section without 

fiscal year limitation. 

‘‘(C) OVERSIGHT OF FUNDS.—The Administrator shall carry out all necessary measures to 

ensure that amounts in the Fund are used only 

to carry out the goals of establishing, operating, 

maintaining, upgrading, managing, supporting, 

and overseeing the system. 

‘‘(3) ACCOUNTING AND AUDITING.— 

‘‘(A) ACCOUNTING.—For each 2-fiscal-year period, the Administrator shall prepare and submit 

to the Committee on Environment and Public 

Works and the Committee on Appropriations of 

the Senate and the Committee on Energy and 

Commerce and the Committee on Appropriations 


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