[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 697 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 697

To reform and improve the oversight of the performance of passenger and 
 baggage security screening at domestic commercial airports by private 
              screening companies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2013

   Mr. Brown introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To reform and improve the oversight of the performance of passenger and 
 baggage security screening at domestic commercial airports by private 
              screening companies, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Contract Screener 
Reform and Accountability Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                            TITLE I--REFORM

Sec. 101. Prohibition on screening by subsidiaries of foreign-owned 
                            corporations.
Sec. 102. Competition for private screening contracts.
Sec. 103. Prohibition on certain subcontracting.
Sec. 104. Flexibility in approving airport operator applications.
Sec. 105. Enhanced standards for application assessments.
Sec. 106. Timeline for awarding a contract for screening services.
Sec. 107. Prohibition on bonuses and other awards.
Sec. 108. Cost analysis.
Sec. 109. Customer service.
Sec. 110. Information on transition plans.
                          TITLE II--OVERSIGHT

Sec. 201. Enhanced oversight.
Sec. 202. Security breaches.
Sec. 203. Covert testing of contract screener performance.
Sec. 204. Contracting prohibition for compromising covert security 
                            testing.
Sec. 205. Proper handling of sensitive security information.
                    TITLE III--WORKFORCE PROTECTIONS

Sec. 301. Job and benefit protections.
Sec. 302. Retention and discipline.
Sec. 303. Protections for reporting deficiencies, waste, or 
                            vulnerabilities.

                            TITLE I--REFORM

SEC. 101. PROHIBITION ON SCREENING BY SUBSIDIARIES OF FOREIGN-OWNED 
              CORPORATIONS.

    Subsection (d) of section 44920 of title 49, United States Code, is 
amended--
            (1) by striking ``(d)'' and all that follows through ``The 
        Under Secretary may enter'' and inserting the following:
    ``(d) Standards for Private Screening Companies.--The Under 
Secretary may enter'';
            (2) by striking paragraph (2); and
            (3) by redesignating subparagraphs (A) and (B) as 
        paragraphs (1) and (2), respectively, and moving such 
        paragraphs, as so redesignated, two ems to the left.

SEC. 102. COMPETITION FOR PRIVATE SCREENING CONTRACTS.

    Section 44920 of title 49, United States Code, is amended by 
striking subsection (h).

SEC. 103. PROHIBITION ON CERTAIN SUBCONTRACTING.

    Section 44920 of title 49, United States Code, as amended by 
section 102 of this Act, is further amended by adding at the end the 
following new subsection:
    ``(h) Prohibition on Certain Subcontracting.--The Under Secretary 
is prohibited from entering into any contract for screening services 
under this section that would allow for the screening services to be 
performed by a subcontractor.''.

SEC. 104. FLEXIBILITY IN APPROVING AIRPORT OPERATOR APPLICATIONS.

    Paragraph (2) of section 44920(b) of title 49, United States Code, 
is amended by striking ``shall'' and inserting ``may''.

SEC. 105. ENHANCED STANDARDS FOR APPLICATION ASSESSMENTS.

    Paragraph (2) of section 44920(b) of title 49, United States Code, 
is amended by inserting before the period at the end the following: 
``and at airports nationwide''.

SEC. 106. TIMELINE FOR AWARDING A CONTRACT FOR SCREENING SERVICES.

    Subsection (b) of section 44920 of title 49, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(4) Timeline for awarding a contract for screening 
        services.--
                    ``(A) In general.--Not later than 270 days after 
                approving an application under paragraph (1), the Under 
                Secretary shall award a contract to a qualified private 
                screening company in accordance with subsections (c) 
                and (d).
                    ``(B) Notification.--If the Under Secretary is 
                unable to make an award in accordance with subparagraph 
                (A), the Under Secretary shall notify the airport 
                operator that submitted the application at issue of the 
                determination and the basis for such determination, and 
                about eligibility for reapplication in accordance with 
                subsection (a).''.

SEC. 107. PROHIBITION ON BONUSES AND OTHER AWARDS.

    Section 44920 of title 49, United States Code, as amended by 
section 103 of this Act, is further amended by adding at the end the 
following new subsection:
    ``(i) Prohibition on Bonuses and Other Awards.--The Under Secretary 
is prohibited from providing funding to any private screening company 
that provides screening services at an airport in excess of the amount 
required for the performance of such screening services.''.

SEC. 108. COST ANALYSIS.

    Section 44920 of title 49, United States Code, as amended by 
section 107 of this Act, is further amended by adding at the end the 
following new subsection:
    ``(j) Cost Analysis.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of the Contract Screener Reform and 
        Accountability Act, the Comptroller General of the United 
        States shall provide to the Under Secretary guidance on how to 
        conduct an analysis of the total annual cost incurred by the 
        Federal Government with respect to screening services provided 
        by private screening companies.
            ``(2) Action.--Not later than 180 days after receipt of the 
        guidance described in paragraph (1) and annually thereafter, 
        the Under Secretary shall utilize such guidance to identify 
        costs incurred by the Federal Government as a result of 
        overseeing the performance of private screening companies, 
        compared with costs incurred by the Under Secretary at airports 
        that utilize Federal Government personnel for passenger and 
        baggage screening.''.

SEC. 109. CUSTOMER SERVICE.

    Section 44920 of title 49, United States Code, as amended by 
section 108 of this Act, is further amended by adding at the end the 
following new subsection:
    ``(k) Customer Service.--
            ``(1) Notification to public.--The operator of each airport 
        at which a private screening company provides screening 
        services under this section shall prominently display signs in 
        the immediate vicinity of the passenger screening area 
        notifying the flying public that passenger and baggage 
        screening at the airport is conducted by contract screening 
        personnel and not by Federal Government personnel. Such signs 
        shall also display a contact number and Internet website 
        address maintained by such private screening company for a 
        passenger to report complaints about the passenger's screening 
        experience.
            ``(2) Tracking and reporting of complaints.--Each private 
        screening company that provides screening services at an 
        airport under this section shall track all passenger complaints 
        made under paragraph (1) and regularly report on those 
        complaints to the Under Secretary through, to the maximum 
        extent practicable, the contracting officer of the private 
        screening company. The Under Secretary shall report to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate on those complaints upon request.''.

SEC. 110. INFORMATION ON TRANSITION PLANS.

    Subsection (b) of section 44920 of title 49, United States Code, as 
amended by section 106, is further amended by adding at the end the 
following new paragraph:
            ``(5) Transition.--Not later than 90 days after an airport 
        operator provides notice to the Under Secretary of the decision 
        of the airport operator to discontinue the use of screening 
        personnel of a qualified private screening company at an 
        airport and use Federal Government personnel for screening 
        services at the airport, the Under Secretary shall provide the 
        airport operator with information on how the Under Secretary 
        intends to carry out the transition of screening services, 
        including an anticipated timeline and key benchmarks.''.

                          TITLE II--OVERSIGHT

SEC. 201. ENHANCED OVERSIGHT.

    Section 44920 of title 49, United States Code, as amended by 
section 109 of this Act, is further amended by adding at the end the 
following new subsection:
    ``(l) Enhanced Oversight.--Not later than 180 days after the date 
of the enactment of the Contract Screener Reform and Accountability 
Act, the Under Secretary shall develop and implement a system to be 
carried out, to the maximum extent practicable, by the contracting 
officer who oversees each respective private screening company 
providing screening services at an airport under this section, to 
enhance monitoring of performance of each such private screening 
company. The system shall, at a minimum, provide year-to-year 
information about performance by each such private screening company, 
and be in a format to provide for comparison with airports in the same 
category where screening services are provided by Federal Government 
personnel with respect to detection rates of threats and threat image 
tests, recertification pass rates, covert performance assessments, and 
evaluations used to assess screener performance on various elements 
that may affect security and a passenger's overall travel 
experience.''.

SEC. 202. SECURITY BREACHES.

    Section 44920 of title 49, United States Code, as amended by 
section 201 of this Act, is further amended by adding at the end the 
following new subsection:
    ``(m) Security Breaches.--
            ``(1) In general.--A private screening company that 
        provides screening services at an airport under this section 
        shall report to the Under Secretary each security breach at 
        that airport. Each such report shall include--
                    ``(A) a detailed description of the security 
                breach;
                    ``(B) information regarding where the breach 
                occurred;
                    ``(C) information regarding law enforcement 
                notification of and response to the breach; and
                    ``(D) any corrective action taken in response to 
                the breach.
            ``(2) Annual reports.--The Under Secretary shall submit to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate an annual report containing the 
        information on security breaches required to be submitted to 
        the Under Secretary pursuant to paragraph (1), including the 
        definition of `security breach' used by the Under Secretary for 
        purposes of this subsection. To the extent practicable, the 
        report shall be submitted in unclassified form with a 
        classified appendix if necessary.''.

SEC. 203. COVERT TESTING OF CONTRACT SCREENER PERFORMANCE.

    Section 44920 of title 49, United States Code, as amended by 
section 202 of this Act, is further amended by adding at the end the 
following new subsection:
    ``(n) Covert Testing.--
            ``(1) In general.--The Comptroller General of the United 
        States shall conduct annual covert testing of airports where 
        private screening companies provide screening services under 
        this section. To the extent practicable, such covert testing 
        shall be conducted at one airport with contract screener 
        personnel within each airport category that was not the subject 
        of covert testing by another Federal entity during the same 
        year.
            ``(2) Report required.--The Comptroller General shall 
        submit to the Under Secretary and to the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a report 
        that contains the results of covert testing conducted under 
        paragraph (1). To the extent practicable, each such report 
        shall be submitted in unclassified form with a classified 
        appendix if necessary.''.

SEC. 204. CONTRACTING PROHIBITION FOR COMPROMISING COVERT SECURITY 
              TESTING.

    Subsection (d) of section 44920 of title 49, United States Code, as 
amended by section 101 of this Act, is further amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) on or after the date of the enactment of the Contract 
        Screener Reform and Accountability Act, neither the private 
        screening company, nor its parent company, if applicable, has 
        compromised any covert security testing by notifying 
        individuals employed by the private screening company that the 
        covert testing was occurring, or has otherwise been found to 
        have knowingly compromised covert testing conducted pursuant to 
        subsection (n) or any other covert testing conducted by the 
        Inspector General of the Department of Homeland Security, the 
        Comptroller General of the United States, or the Under 
        Secretary.''.

SEC. 205. PROPER HANDLING OF SENSITIVE SECURITY INFORMATION.

    Section 44920 of title 49, United States Code, as amended by 
section 203 of this Act, is further amended by adding at the end the 
following new subsection:
    ``(o) Proper Handling of Sensitive Security Information.--The Under 
Secretary shall require each private screening company that provides 
screening services at an airport under this section to provide all 
individuals employed by the private screening company with annual 
training for the proper handling of all sensitive information, 
including sensitive security information.''.

                    TITLE III--WORKFORCE PROTECTIONS

SEC. 301. JOB AND BENEFIT PROTECTIONS.

    Subsection (c) of section 44920 of title 49, United States Code, is 
amended to read as follows:
    ``(c) Qualified Private Screening Company.--
            ``(1) In general.--Beginning on the date of the enactment 
        of the Contract Screener Reform and Accountability Act, a 
        private screening company is qualified to provide screening 
        services at an airport under this section if the private 
        screening company will--
                    ``(A) employ only individuals to provide such 
                services who meet all the requirements of this chapter 
                applicable to Federal Government personnel who perform 
                screening services at airports under this chapter;
                    ``(B) provide the right of first refusal to the 
                Federal Government personnel who performed screening 
                services at the airport before the contract to provide 
                screening services at the airport was awarded to the 
                private screening company;
                    ``(C) presume that personnel described in 
                subparagraph (B) who are in good standing are qualified 
                under this subsection; and
                    ``(D) offer such individuals employment with 
                compensation and other benefits that are equal to or 
                greater than the level of compensation and other 
                benefits that such personnel were provided by the 
                Federal Government at the time the contract to provide 
                screening services at the airport was awarded to the 
                private screening company.
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to require any private screening company that is a 
        qualified private screening company as of the date that is one 
        day before the date of the enactment of the Contract Screener 
        Reform and Accountability Act to implement paragraph (1) with 
        respect to any contract that was entered into with the Under 
        Secretary before such date of enactment.''.

SEC. 302. RETENTION AND DISCIPLINE.

    Section 44920 of title 49, United States Code, as amended by 
section 205 of this Act, is further amended by adding at the end the 
following new subsection:
    ``(p) Retention and Discipline.--
            ``(1) In general.--Each private screening company that 
        provides screening services at an airport under this section 
        shall, on a monthly basis, provide the Under Secretary with 
        information on retention rates of screeners and supervisory 
        personnel employed by the private screening company at that 
        airport, and a detailed description of adverse employment 
        actions taken against any of such screeners or supervisory 
        personnel.
            ``(2) Report required.--The Under Secretary shall submit to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate, upon request by either such 
        Committee, a report containing the information required to be 
        provided to the Under Secretary under paragraph (1).''.

SEC. 303. PROTECTIONS FOR REPORTING DEFICIENCIES, WASTE, OR 
              VULNERABILITIES.

    (a) In General.--Section 44920 of title 49, United States Code, as 
amended by section 302 of this Act, is further amended by adding at the 
end the following new subsection:
    ``(q) Protections for Reporting Deficiencies.--
            ``(1) In general.--Not later than 90 days after the date of 
        the enactment of the Contract Screener Reform and 
        Accountability Act, the Under Secretary shall establish a 
        process by which any person may submit to the Under Secretary a 
        report regarding problems, deficiencies, waste, or 
        vulnerabilities with respect to screening services provided at 
        an airport where such services are provided by a private 
        screening company under this section.
            ``(2) Confidentiality.--The Under Secretary shall keep 
        confidential the identity of a person who submits a report 
        under paragraph (1), and any such report shall be treated as 
        protected information.
            ``(3) Acknowledgment of receipt.--If a report submitted 
        under paragraph (1) identifies the person submitting the 
        report, the Under Secretary shall respond promptly to the 
        person to acknowledge receipt of the report.
            ``(4) Steps to address problems.--The Under Secretary shall 
        review and consider the information provided in any report 
        submitted under paragraph (1) and shall, as necessary, take 
        appropriate steps under this title to address any problem, 
        deficiency, waste, or vulnerability identified in such report.
            ``(5) Retaliation prohibited.--
                    ``(A) Prohibition.--No private screening company 
                may discharge any employee or otherwise discriminate 
                against any employee with respect to the employee's 
                compensation, terms, conditions, or other privileges of 
                employment because the employee (or any person acting 
                pursuant to a request of the employee)--
                            ``(i) notified the Under Secretary of any 
                        problem, deficiency, waste, or vulnerability 
                        with respect to screening services provided by 
                        the private screening company;
                            ``(ii) refused to engage in any practice 
                        made unlawful by this title, if the employee 
                        has notified the private screening company of 
                        the alleged illegality;
                            ``(iii) testified before or otherwise 
                        provided information relevant for Congress or 
                        for any Federal or State proceeding regarding 
                        any provision (or proposed provision) of this 
                        title;
                            ``(iv) commenced, caused to be commenced, 
                        or is about to commence or cause to be 
                        commenced a proceeding under this title;
                            ``(v) testified or is about to testify in 
                        any such proceeding; or
                            ``(vi) assisted or participated in or is 
                        about to assist or participate in any manner in 
                        such a proceeding or in any other action to 
                        carry out the purposes of this title.
                    ``(B) Suspension of contract.--If the Under 
                Secretary determines that any private screening company 
                has engaged in retaliation in violation of subparagraph 
                (A), the Under Secretary shall suspend the contract of 
                the private screening company to provide screening 
                services under this section.''.
    (b) Rule of Construction.--Nothing in subsection (q) of section 
44920 of title 49, United States Code, as added by subsection (a) of 
this section, may be construed as in any manner affecting any other 
provision of law relating to protections for the reporting of problems, 
deficiencies, waste, or vulnerabilities, including protections against 
retaliation related to such reporting.
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