[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3415 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3415

 To prohibit subsidiaries of foreign-owned corporations from obtaining 
    contracts for the performance of passenger and baggage security 
   screening at domestic commercial airports, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2015

 Mr. Thompson of Mississippi introduced the following bill; which was 
             referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
 To prohibit subsidiaries of foreign-owned corporations from obtaining 
    contracts for the performance of passenger and baggage security 
   screening at domestic commercial airports, 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 ``Aviation Screening 
Contractor 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 of screening by subsidiary of a foreign-owned 
                            corporation.
Sec. 102. Competition for private screening contracts.
Sec. 103. Prohibition on certain subcontracting.
Sec. 104. Discretion regarding the approval of 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.
Sec. 111. Technical corrections.
                          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.
Sec. 206. Office of Inspector General Oversight.
                    TITLE III--WORKFORCE PROTECTIONS

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

                            TITLE I--REFORM

SEC. 101. PROHIBITION OF SCREENING BY SUBSIDIARY OF A FOREIGN-OWNED 
              CORPORATION.

    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 Assistant 
Secretary of Homeland Security (Transportation Security Administration) 
may enter'';
            (2) by redesignating subparagraphs (A) and (B) as 
        paragraphs (1) and (2), respectively, and moving such 
        paragraphs two ems to the left; and
            (3) by striking paragraph (2) (relating to waivers).

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 Administrator of 
the Transportation Security Administration may not enter into any 
contract for screening services under this section that would allow for 
such services to be performed by a subcontractor.''.

SEC. 104. DISCRETION REGARDING THE APPROVAL OF 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: 
``or 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 
                approval of an application under paragraph (1), the 
                Administrator of the Transportation Security 
                Administration shall award a contract to a qualified 
                private screening company in accordance with 
                subsections (c) and (d).
                    ``(B) Notification.--If the Administrator of the 
                Transportation Security Administration is unable to 
                make an award in accordance with subparagraph (A), the 
                Administrator 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 Administrator 
of the Transportation Security Administration may not provide 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 this subsection, the Comptroller General of 
        the United States shall provide to the Administrator of the 
        Transportation Security Administration 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 Administrator of the Transportation Security Administration 
        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 Administrator 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.--Each airport operator utilizing contract 
passenger and baggage screeners employed by a private screening company 
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 operated by such airport operator is 
conducted by contract screening personnel and not by Federal Government 
personnel. Such signs shall also display a contact number and Internet 
Web site address maintained by such private screening company for a 
passenger to report complaints about his or her screening experience. 
Each private screening company with a contract for screening services 
at an airport shall track all such passenger complaints and regularly 
report such information to the Administrator of the Transportation 
Security Administration through, to the maximum extent practicable, the 
contracting officer of each such private screening company. The 
Administrator shall report such information to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate upon request.''.

SEC. 110. INFORMATION ON TRANSITION PLANS.

    Subsection (b) of section 44920 of title 49, United States Code, as 
amended by section 106 of this Act, 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 Administrator of the 
        Transportation Security Administration of the decision of such 
        airport operator to discontinue the use of screening personnel 
        of a qualified private screening company and use Transportation 
        Security Officers for screening services at the airport 
        operated by such airport operator, the Administrator shall 
        provide such airport operator with information on how the 
        Administrator intends to carry out the transition of screening 
        services, including an anticipated timeline and key 
        benchmarks.''.

SEC. 111. TECHNICAL CORRECTIONS.

    Section 44920 of title 49, United States Code, is amended by 
striking ``Under Secretary'' each place it appears and inserting 
``Administrator of the Transportation Security Administration''.

                          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 this subsection, the Administrator of the 
Transportation Security Administration 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, to enhance 
monitoring of performance of each such private screening company. Such 
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 whose 
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 shall 
        regularly report to the Administrator of the Transportation 
        Security Administration each security breach at an airport 
        where baggage and passenger screening is conducted by such a 
        private screening company. Each such report shall include the 
        following:
                    ``(A) A detailed description of each security 
                breach.
                    ``(B) Information regarding where each such breach 
                occurred.
                    ``(C) Information regarding law enforcement 
                notification and response.
                    ``(D) Any corrective action taken in response to 
                each such breach.
            ``(2) Annual reports.--The Administrator of the 
        Transportation Security Administration shall submit to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate an annual report containing the information required 
        pursuant to paragraph (1), including the definition of 
        `security breach' used by the Administrator for purposes of 
        this subsection. To the extent practicable, each such report 
        shall be presented in a non-classified format with a classified 
        appendix where 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.--The Comptroller General of the United States 
shall conduct annual covert testing of airports where private screening 
companies provide screening services. 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. The 
Comptroller General shall submit to the Administrator of the 
Transportation Security Administration and to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs and the Committee on Commerce, 
Science, and Transportation of the Senate a report that contains the 
results of such covert testing. To the extent practicable, each such 
report shall be presented in a non-classified format with a classified 
appendix where 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 this 
        paragraph, neither the private screening company, nor its 
        parent company, if applicable, has compromised any covert 
        security testing by notifying individuals employed by such 
        private screening company that such covert testing was 
        occurring, or otherwise been found to have knowingly 
        compromised covert testing conducted pursuant to subsection (n) 
        or any other covert test conducted by the Inspector General of 
        the Department of Homeland Security, the Comptroller General of 
        the United States, or the Administrator of the Transportation 
        Security Administration.''.

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 
Administrator of the Transportation Security Administration shall 
require each private screening company that provides screening services 
at airports to provide all individuals employed by each such private 
screening company with annual training for the proper handling of all 
sensitive information, including sensitive security information.''.

SEC. 206. OFFICE OF INSPECTOR GENERAL OVERSIGHT.

    The Inspector General of the Department of Homeland Security shall 
annually submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and Transportation of 
the Senate a review the performance of the Transportation Security 
Administration with respect to the requirements of section 44920 of 
title 49, United States Code, as amended by this Act.

                    TITLE III--WORKFORCE PROTECTIONS

SEC. 301. JOB, COMPENSATION, AND BENEFITS 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 this subsection, a private screening company is qualified to 
        provide screening services at an airport under this section if 
        such company will only employ 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.
            ``(2) Federal government personnel.--A private screening 
        company under paragraph (1) shall provide the right of first 
        refusal to Federal Government personnel employed to perform 
        screening services at an airport at the time the contract is 
        awarded, and presume that such Federal Government personnel are 
        in good standing and are qualified under this subsection, and 
        shall offer compensation and benefits that are not less than 
        the level of compensation and other benefits provided to such 
        Federal Government personnel at the time such contract is 
        awarded.
            ``(3) Qualified private screening company personnel.--In 
        the event a private screening company under paragraph (1) is 
        seeking to succeed a qualified private screening company at an 
        airport, such company shall provide the right of first refusal 
        to personnel employed to perform screening services at such 
        airport at the time the contract is awarded, and presume that 
        such personnel are in good standing and are qualified under 
        this subsection, and, at the direction of the Administrator of 
        the Transportation Security Administration, shall offer 
        compensation and other benefits at a level required pursuant to 
        subsection (c) of section 6707 of title 41, United States Code, 
        and that is not less than the level of compensation and other 
        benefits provided to Federal Government personnel at the time 
        such contract is awarded.
            ``(4) 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 this subsection to 
        implement paragraph (1) with respect to any contract that was 
        entered into with the Administrator of the Transportation 
        Security Administration 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.--Each private screening company 
with a contract for screening services under this section that provides 
screening services at an airport under this section shall, on a monthly 
basis, provide the Administrator of the Transportation Security 
Administration with information on retention rates of screeners and 
supervisory personnel employed by each such private screening company 
at each such airport, and a detailed description of adverse employment 
actions taken against any of such screeners or supervisory personnel at 
each such airport. The Administrator shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate, upon request by 
any of such Committees, a report containing the information required 
under this subsection.''.

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 this subsection, the Administrator of the 
        Transportation Security Administration shall establish a 
        process by which any person may submit to the Administrator 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.
            ``(2) Confidentiality.--The Administrator of the 
        Transportation Security Administration 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 such 
        report, the Administrator of the Transportation Security 
        Administration shall respond promptly to such person to 
        acknowledge receipt of such report.
            ``(4) Steps to address problems.--The Administrator of the 
        Transportation Security Administration 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 such employee's 
                compensation, terms, conditions, or other privileges of 
                employment because such employee (or any person acting 
                pursuant to a request of such employee)--
                            ``(i) notified the Administrator of the 
                        Transportation Security Administration of any 
                        problem, deficiency, waste, or vulnerability;
                            ``(ii) refused to engage in any practice 
                        made unlawful by this title, if such employee 
                        has identified the alleged illegality to such 
                        employer;
                            ``(iii) testified before or otherwise 
                        provided information relevant for Congress or 
                        for any Federal or State proceeding regarding 
                        any 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 or is about 
                        to assist or participate in any manner in such 
                        a proceeding or in any other manner in such a 
                        proceeding or in any other action to carry out 
                        the purposes of this title.
                    ``(B) Suspension.--If the Administrator of the 
                Transportation Security Administration determines that 
                any private screening company has engaged in 
                retaliation in violation of subparagraph (A), the 
                Administrator shall suspend the contract of such 
                private screening company to provide screening 
                services.''.
    (b) Rule of Construction.--Nothing in subsection (q) of section 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 thereto.
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