I 112th CONGRESS 1st Session H. R. 1586 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.
1.
Short title
This Act may be cited as the Security Enhancement and Jobs Act of 2011.
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.