II 112th CONGRESS 2d Session S. 3303 IN THE SENATE OF THE UNITED STATES June 14, 2012 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require security screening of passengers at airports to be carried out by private screening companies, and for other purposes.

1.

Requirement that passenger security screening be conducted by private screening companies

(a)

In general

Section 44901(a) of title 49, United States Code, is amended in the second sentence by striking except as otherwise and all that follows through the end period and inserting “except— (1)that screening of passengers shall be conducted by employees of a private screening company under a contract entered into pursuant to subsection (m)(1); (2)for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match programs; and (3)as otherwise provided in section 44919 or 44920. . (b)

Requirements

Section 44901 of such title 49, United States Code, is amended by adding at the end the following: (m)

Conduct of passenger screening by private screening companies

(1)

Contracts

(A)

In general

Except as provided in subparagraph (B), the Assistant Secretary of Homeland Security (Transportation Security Administration) shall enter into a contract with a private screening company selected by the operator of an airport under which employees of that company will conduct the screening of passengers at the airport under subsection (a)(1). (B)

Companies with unsatisfactory performance records

The operator of an airport may not select a private security screening company for purposes of subparagraph (A) if the Assistant Secretary determines that the performance record of the company is unsatisfactory. (2)

Employment and termination decisions

Notwithstanding section 44903(g)(1)(C), section 44935(e), or any other provision of this chapter, the operator of an airport and the private screening company conducting passenger screening at that airport pursuant to a contract entered into under paragraph (1)(A) shall have the authority to make final decisions with respect to the employment and termination of individuals conducting passenger screening at that airport. . (c)

Mandatory approval of applications under security screening opt-Out program

Section 44920 of title 49, United States Code, is amended— (1)in subsection (a)— (A)by striking Under Secretary the first place it appears and inserting Assistant Secretary (Transportation Security Administration) (in this section referred to as the Assistant Secretary); and (B)by striking passengers and; (2)by striking Under Secretary each place it appears and inserting Assistant Secretary; (3)by amending subsection (b) to read as follows: (b)

Approval of applications

The Assistant Secretary shall approve all applications submitted under subsection (a). ; and (4)in subsection (h), by striking and passenger. (d)

Conforming amendments

(1)

Enforcement of secured-area access control requirements

(A)

In general

Section 44903(g)(1) of title 49, United States Code, is amended— (i)in subparagraph (A), in the first sentence, by striking employees and inserting Federal employees; and (ii)by adding at the end the following: (C)

Sanctions for employees of private security screening companies

The Under Secretary shall develop and publish in the Federal Register a list of sanctions for use as guidelines in the discipline of employees of private screening companies conducting passenger screening at airports for infractions of airport access control requirements in consultation with those companies. . (B)

Publication of guidelines

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish in the Federal Register— (i)such revisions to the guidelines under subparagraph (A) of section 44903(g)(1) of title 49, United States Code, as are necessary to implement the amendments made by subparagraph (A); and (ii)guidelines under subparagraph (C) of that section (as added by subparagraph (A)). (2)

Threat and vulnerability assessments

Section 44904(b)(5) of title 49, United States Code, is amended by striking the United States Customs Service, the Immigration and Naturalization Service, and air carriers and inserting U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, private screening companies conducting passenger screening at airports, and air carriers. (3)

Qualifications of security screeners

(A)

In general

Section 44935(e)(2)(A) of title 49, United States Code, is amended in the first sentence by inserting and individuals employed by private screening companies to conduct screening of passengers at airports after personnel. (B)

Revisions to qualification standards

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall make such revisions to the qualification standards for security screening personnel under section 44935(e)(2)(A) of title 49, United States Code, as are necessary as a result of the amendment made by subparagraph (A). (e)

Reduction in employees of Transportation Security Administration

The Assistant Secretary of Homeland Security (Transportation Security Administration) shall decrease the number of employees of the Transportation Security Administration assigned to an airport by an amount that is equivalent to the increase in the number of employees of private screening companies assigned to the airport pursuant to a contract entered into under subsection (m)(1) of section 44901 of title 49, United States Code, as added by subsection (b) of this section, as soon as practicable after the contract takes effect. (f)

Effective date

The amendments made by this section shall— (1)take effect on the date of the enactment of this Act; and (2)apply with respect to the screening of passengers at airports on and after the date that is 180 days after such date of enactment.

2.

Right to work for employees of private passenger screening companies

(a)

Amendment to National Labor Relations Act

Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: (h)

Right To work for employees of private passenger screening companies

Notwithstanding any other provision of this Act, the first and second provisos of subsection (a)(3) shall not apply to an employer that is a private passenger screening company conducting passenger screening at an airport. In the case of a labor organization representing the employees of such employer, paragraphs (2) and (5) of subsection (b) shall be applied without regard to whether there is an agreement authorized under subsection (a)(3). . (b)

Amendment to Railway Labor Act

Title II of the Railway Labor Act (45 U.S.C. 181 et seq.) is amended by adding at the end the following:

209.

Right to work for employees of private passenger screening companies

Notwithstanding any other provision of this Act, paragraph Eleventh of section 2 shall not apply to any employee of a private passenger screening company that has entered into a contract with a carrier by air.

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