[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1586 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1586

     To amend title 49, United States Code, concerning approval of 
 applications for the airport security screening opt-out program, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2011

   Mr. King of New York (for himself, Mr. Rogers of Alabama, and Mr. 
   McCaul) introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
     To amend title 49, United States Code, concerning approval of 
 applications for the airport security screening opt-out program, and 
                          for other purposes.

    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 ``Security Enhancement and Jobs Act of 
2011''.

SEC. 2. PERIOD FOR RESOLVING APPLICATIONS SUBMITTED TO THE 
              TRANSPORTATION SECURITY ADMINISTRATION FOR THE AIRPORT 
              SECURITY SCREENING OPT-OUT PROGRAM.

    (a) In General.--Section 44920(b) of title 49, United States Code, 
is amended to read as follows:
    ``(b) Approval of Applications.--
            ``(1) In general.--Not later than 120 days after the date 
        of receipt of an application submitted by an airport operator 
        under subsection (a), the Secretary shall approve or deny the 
        application.
            ``(2) Standards.--The Secretary shall approve an 
        application submitted by an airport operator under subsection 
        (a) unless the Secretary determines that the approval would 
        compromise security, detrimentally affect the efficiency or 
        effectiveness of the screening of passengers or property at the 
        airport, or otherwise adversely affect the mission of the 
        Transportation Security Administration.
            ``(3) Reports on denials of applications.--
                    ``(A) In general.--If the Secretary denies an 
                application submitted by an airport operator under 
                subsection (a), the Secretary shall provide to the 
                airport operator a written report that sets forth--
                            ``(i) the findings that served as the basis 
                        for the denial;
                            ``(ii) the results of any cost or security 
                        analysis conducted in considering the 
                        application; and
                            ``(iii) recommendations on how the airport 
                        operator can address the reasons for the 
                        denial.
                    ``(B) Submission to congress.--The Secretary shall 
                submit to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Homeland Security of the House of Representatives a 
                copy of any report provided to an airport operator 
                under subparagraph (A).
            ``(4) Approved applications.--
                    ``(A) List of qualified private screening 
                companies.--Not later than 60 days after the date the 
                Secretary approves an application submitted by an 
                airport operator under subsection (a), the Secretary 
                shall provide to the airport operator a list of 
                qualified private screening companies (as described in 
                subsection (c)), except that this subparagraph shall 
                not apply in a case in which the airport operator is 
                competing to provide screening services at the airport.
                    ``(B) Consideration of airport operator's 
                recommendations.--In selecting a private screening 
                company to provide screening services at an airport, 
                the Secretary shall take into consideration any 
                recommendation from the airport operator as to which 
                company would best serve the security screening and 
                passenger needs of the airport.''.
    (b) Delegation of Authority.--Section 44920 of such title is 
amended by adding at the end the following:
    ``(h) Delegation of Authority.--The Secretary may carry out this 
section acting through the Assistant Secretary of Homeland Security 
(Transportation Security Administration).''.
    (c) Reconsideration of Applications Pending as of January 1, 
2011.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        reconsider any application for the screening of passengers and 
        property that--
                    (A) was submitted by the operator of an airport 
                pursuant to section 44920(a) of such title;
                    (B) was pending for final decision by the Secretary 
                as of January 1, 2011; and
                    (C) has not been approved by the Secretary on or 
                before such date of enactment.
            (2) Notice to airport operators.--The Secretary shall 
        provide written notice to the operator of an airport that 
        submitted an application to be reconsidered under paragraph 
        (1). The notice shall--
                    (A) inform the operator that the Secretary will 
                reconsider the application;
                    (B) if the application was initially denied, advise 
                the operator of the findings that served as the basis 
                for the denial; and
                    (C) request the operator to provide the Secretary 
                with such additional information as the Secretary 
                determines necessary to reconsider the application.
            (3) Deadline; standards.--The Secretary shall approve or 
        deny an application to be reconsidered under paragraph (1) on 
        or before the last day of the 120-day period beginning on the 
        date of enactment of this Act. The Secretary shall apply the 
        standards set forth in section 44920(b) of such title (as 
        amended by this section) in approving and denying such 
        applications.
            (4) Deemed approval.--If the Secretary does not approve or 
        deny an application to be reconsidered under paragraph (1) on 
        or before the last day of the 120-day period referred to in 
        paragraph (3), the application shall be deemed approved.
            (5) Reports on denials of applications.--
                    (A) In general.--If the Secretary denies an 
                application of an airport operator following 
                reconsideration under this subsection, the Secretary 
                shall provide to the airport operator a written report 
                that sets forth--
                            (i) the findings that served as the basis 
                        for the denial;
                            (ii) the results of any cost or security 
                        analysis conducted in considering the 
                        application; and
                            (iii) recommendations on how the airport 
                        operator can address the reasons for the 
                        denial.
                    (B) Submission to congress.--The Secretary shall 
                submit to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Homeland Security of the House of Representatives a 
                copy of any report provided to an airport operator 
                under subparagraph (A).
    (d) References to Under Secretary.--Section 44920 of such title is 
amended--
            (1) in subsection (a) by striking ``Under Secretary'' the 
        first place it appears and inserting ``Secretary of Homeland 
        Security'';
            (2) by striking ``Under Secretary'' each place it appears 
        and inserting ``Secretary''; and
            (3) in subsection (g) by striking ``of Homeland Security'' 
        each place it appears.
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