[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.''.
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