[Congressional Record Volume 170, Number 76 (Thursday, May 2, 2024)]
[Senate]
[Pages S3351-S3352]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1962. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3935, to amend title 49, United States Code, to 
reauthorize and improve the Federal Aviation Administration and other 
civil aviation programs, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. [___]. SCREENING PARTNERSHIP REFORM ACT.

       (a) Short Title.--This section may be cited as the 
     ``Screening Partnership Reform Act''.
       (b) Screening Partnership Program.--
       (1) In general.--Section 44920 of title 49, United States 
     Code, is amended--
       (A) by amending subsection (b) to read as follows:
       ``(b) Selection of Qualified Private Screening Companies.--
       ``(1) List of qualified private screening companies.--Not 
     later than 30 days after receiving an application from the 
     operator of an airport under subsection (a), the 
     Administrator shall provide the operator of such airport with 
     an opportunity--
       ``(A) for the operator to select a qualified private 
     screening company with which the operator prefers the 
     Administrator enter into a contract for screening services at 
     such airport; or
       ``(B) to request that the Administrator select a qualified 
     private screening company with which to enter into such a 
     contract.
       ``(2) Entry into contract.--
       ``(A) In general.--Subject to subsections (c) and (d), not 
     later than 60 days after the date on which the operator of an 
     airport selects a qualified private screening company under 
     paragraph (1)(A) or clause (ii) or requests the Administrator 
     to select such a company under paragraph (1)(B)--
       ``(i) the Administrator shall enter into a contract for 
     screening services at that airport with the qualified private 
     screening company selected by the airport or the company 
     selected by the Administrator, as the case may be; or
       ``(ii) in the case of a company selected by the operator of 
     the airport, if the Administrator rejects the bid from that 
     company, or is otherwise unable to enter into a contract with 
     that company, the Administrator shall provide the operator of 
     the airport another 60 days to select another qualified 
     private screening company.
       ``(B) Rejection of bids.--If the Administrator rejects a 
     bid from a private screening company selected by the operator 
     of an airport under paragraph (1)(A) or subparagraph (A)(ii), 
     the Administrator shall, not later than 30 days after 
     rejecting such bid, submit a report to the operator, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Homeland Security of the House 
     of Representatives that includes--
       ``(i) the findings that served as the basis for rejecting 
     such bid;
       ``(ii) the results of any cost or security analyses 
     conducted in relation to such bid; and
       ``(iii) recommendations for how the operator of the airport 
     can address the reasons the Administrator rejected such 
     bid.'';
       (B) in subsection (c), by striking ``and will provide'' and 
     all that follows through ``with this chapter'';
       (C) in subsection (d)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (iii) in paragraph (1), as redesignated--

       (I) in the matter preceding subparagraph (A), by striking 
     ``The Administrator'' and all that follows and inserting 
     ``The Administrator shall enter into a contract with a 
     qualified private screening company only if--'';
       (II) in subparagraph (B), by striking ``and'' at the end; 
     and
       (III) by striking subparagraph (C) and inserting the 
     following:

       ``(C) the cost of providing screening services at the 
     airport under the contract is equal to or less than the cost 
     to the Federal Government of providing screening services at 
     that airport during the term of the contract; and
       ``(D) entering into the contract would not compromise 
     aviation security or the effectiveness of the screening of 
     passengers or property at the airport.'';
       (iv) in paragraph (2), as redesignated, by striking the 
     second sentence; and
       (v) by adding at the end the following:
       ``(3) Training and certification.--
       ``(A) In general.--A private screening company may fulfill 
     the requirement under paragraph (1)(A) by using screening 
     supervisors who have been trained and certified at a Federal 
     Law Enforcement Training Center to administer comparable on-
     site training and certification to private security screeners 
     at an airport that is participating in the screening 
     partnership program.
       ``(B) Authorized trainers.--If a private screening company 
     elects to conduct on-site training and certification in 
     accordance with subparagraph (A), such training shall be 
     conducted by--
       ``(i) a Federal employer or contractor who is authorized to 
     train and certify security screeners; or
       ``(ii) an employee of a private screening company who has 
     successfully completed security supervisor training at a 
     Federal Law Enforcement Training Center.
       ``(C) Rule of construction.--Nothing in this paragraph may 
     be construed to require security screeners employed by a 
     private screening company who have received on-site training 
     and certification in accordance with subparagraph (A) to 
     receive any additional training at a Federal Law Enforcement 
     Training Center.
       ``(4) Part-time positions.--None of the standards required 
     to be a qualified private screening company may be construed 
     to prohibit a private screening company from employing 
     screeners for part-time positions.
       ``(5) Calculation of federal costs.--For purpose of the 
     comparison of costs required under paragraph (1)(C), the 
     Administrator shall incorporate a cost estimate that reflects 
     the total cost to the Federal Government, including all costs 
     incurred by all Federal agencies and not only by the 
     Transportation Security Administration, of providing 
     screening services at an airport.'';
       (D) by striking subsection (i) (as added by section 
     1946(a)(7) of the TSA Modernization Act (division K of Public 
     Law 115-254)); and
       (E) by striking subsection (i) (as added by section 
     1991(d)(17)(B) of the TSA Modernization Act (division K of 
     Public Law 115-254)) and inserting the following:
       ``(i) Consideration of Recommendations by Private Screening 
     Companies for Improving Aviation Security.--
       ``(1) Recommendations.--The Administrator shall request 
     each qualified private screening company that enters into a 
     contract with the Transportation Security Administration 
     under this section to provide screening services at an 
     airport to submit to the Administrator an annual report that 
     includes recommendations for--
       ``(A) new approaches to prioritize and streamline 
     requirements for aviation security;
       ``(B) new or more efficient processes for the screening of 
     all passengers and property at the airport under section 
     44901;
       ``(C) processes and procedures that would enhance the 
     screening of passengers and property at the airport; or
       ``(D) screening processes and procedures that would better 
     enable the Administrator and the private screening company to 
     respond to threats and emerging threats to aviation security.
       ``(2) Testing.--The Administrator shall conduct a field 
     demonstration at an airport of each recommendation submitted 
     under paragraph (1) to determine the effectiveness of the 
     approach, process, or procedure recommended, unless the 
     Administrator determines that conducting such a demonstration 
     would compromise aviation security.
       ``(3) Consideration of adoption.--
       ``(A) In general.--After conducting a field demonstration 
     under paragraph (2) with respect to a recommendation 
     submitted under paragraph (1) by a private screening company, 
     the Administrator--
       ``(i) shall consider adopting the recommendation; and
       ``(ii) may adopt the recommendation at all or some 
     airports.
       ``(B) Report.--If the Administrator does not adopt a 
     recommendation submitted under paragraph (1) by a private 
     screening company, the Administrator shall submit a report to 
     Congress and the private screening company that includes--
       ``(i) a description of the specific reasons the 
     Administrator chose not to adopt the recommendation; and
       ``(ii) recommendations for how the private screening 
     company could improve the approach, process, or procedure 
     recommended.
       ``(j) Restrictions on Relocation Payments.--
       ``(1) In general.--A security screener employed by the 
     Transportation Security Administration who accepts an offer 
     of employment from a private screening company under this 
     section may not receive any amount of relocation compensation 
     from the Transportation Security Administration.
       ``(2) Coordination and disclosures.--The Administrator 
     shall--
       ``(A) coordinate with the selected qualified private 
     screening company regarding the terms of the airport 
     transition; and
       ``(B) publicly disclose compensation and relocation or 
     transfer benefits made available to security screeners that 
     remain employees of the Transportation Security 
     Administration after transferring to an airport that is not 
     participating in the screening partnership program.
       ``(3) Standard hiring process.--Any security screener 
     employed by a private screening company under this section 
     who is a former employee of the Transportation Security 
     Administration shall be subject to the

[[Page S3352]]

     standard hiring process for security screeners employed by 
     the Transportation Security Administration if he or she seeks 
     to transition back to such employment.''.
       (2) Conforming amendments.--Section 44920 of title 49, 
     United States Code, is amended--
       (A) in subsection (a), by inserting ``(referred to in this 
     section as the `Administrator')'' after ``of the 
     Transportation Security Administration''; and
       (B) in subsection (g)--
       (i) in paragraph (1), by striking ``Secretary of Homeland 
     Security'' and inserting ``Administrator''; and
       (ii) in paragraph (2)(A), by striking ``Secretary of 
     Homeland Security or the Secretary's'' and inserting 
     ``Administrator or the Administrator's''.
       (3) Federal law enforcement training center.--Section 
     884(c) of the Homeland Security Act of 2002 (6 U.S.C. 464(c)) 
     is amended--
       (A) in paragraph (9), by striking ``and'' at the end;
       (B) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(11) create and maintain a FLETC training program to 
     certify private security screening supervisors to administer 
     on-site security screening training and certification for the 
     participants in the Screening Partnership Program in 
     accordance with section 44920(d)(3) of title 49, United 
     States Code.''.
                                 ______