I 
112TH CONGRESS 
1ST SESSION H. R. 1586 
To amend title 49, United States Code, concerning approval of applications 
for the airport security screening opt-out program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2011 
Mr. KING of New York (for himself, Mr. ROGERS of Alabama, and Mr. 
MCCAUL) introduced the following bill; which was referred to the Com-
mittee on Homeland Security 
A BILL 
To amend title 49, United States Code, concerning approval 
of applications for the airport security screening opt- 
out program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Security Enhancement 
and Jobs Act of 2011’’. 
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SEC. 2. PERIOD FOR RESOLVING APPLICATIONS SUB-
MITTED TO THE TRANSPORTATION SECURITY 
ADMINISTRATION FOR THE AIRPORT SECU-
RITY SCREENING OPT-OUT PROGRAM. 
(a) IN GENERAL.—Section 44920(b) of title 49, 
United States Code, is amended to read as follows: 
‘‘(b) APPROVAL OF APPLICATIONS.— 
‘‘(1) IN GENERAL.—Not later than 120 days 
after the date of receipt of an application submitted 
by an airport operator under subsection (a), the Sec-
retary shall approve or deny the application. 
‘‘(2) STANDARDS.—The Secretary shall approve 
an application submitted by an airport operator 
under subsection (a) unless the Secretary determines 
that the approval would compromise security, det-
rimentally affect the efficiency or effectiveness of the 
screening of passengers or property at the airport, 
or otherwise adversely affect the mission of the 
Transportation Security Administration. 
‘‘(3) REPORTS
ON
DENIALS
OF
APPLICA-
TIONS.— 
‘‘(A) IN GENERAL.—If the Secretary de-
nies an application submitted by an airport op-
erator under subsection (a), the Secretary shall 
provide to the airport operator a written report 
that sets forth— 
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‘‘(i) the findings that served as the 
basis for the denial; 
‘‘(ii) the results of any cost or security 
analysis conducted in considering the ap-
plication; and 
‘‘(iii) recommendations on how the 
airport operator can address the reasons 
for the denial. 
‘‘(B) SUBMISSION
TO
CONGRESS.—The 
Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the 
Senate and the Committee on Homeland Secu-
rity of the House of Representatives a copy of 
any report provided to an airport operator 
under subparagraph (A). 
‘‘(4) APPROVED APPLICATIONS.— 
‘‘(A) 
LIST
OF
QUALIFIED
PRIVATE 
SCREENING
COMPANIES.—Not later than 60 
days after the date the Secretary approves an 
application submitted by an airport operator 
under subsection (a), the Secretary shall pro-
vide to the airport operator a list of qualified 
private screening companies (as described in 
subsection (c)), except that this subparagraph 
shall not apply in a case in which the airport 
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operator is competing to provide screening serv-
ices at the airport. 
‘‘(B) CONSIDERATION OF AIRPORT OPER-
ATOR’S
RECOMMENDATIONS.—In selecting a 
private screening company to provide screening 
services at an airport, the Secretary shall take 
into consideration any recommendation from 
the airport operator as to which company would 
best serve the security screening and passenger 
needs of the airport.’’. 
(b) DELEGATION OF AUTHORITY.—Section 44920 of 
such title is amended by adding at the end the following: 
‘‘(h) DELEGATION OF AUTHORITY.—The Secretary 
may carry out this section acting through the Assistant 
Secretary of Homeland Security (Transportation Security 
Administration).’’. 
(c) RECONSIDERATION OF APPLICATIONS PENDING 
AS OF JANUARY 1, 2011.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of enactment of this Act, the Secretary of 
Homeland Security shall reconsider any application 
for the screening of passengers and property that— 
(A) was submitted by the operator of an 
airport pursuant to section 44920(a) of such 
title; 
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(4) DEEMED APPROVAL.—If the Secretary does 
not approve or deny an application to be reconsid-
ered under paragraph (1) on or before the last day 
of the 120-day period referred to in paragraph (3), 
the application shall be deemed approved. 
(5) REPORTS ON DENIALS OF APPLICATIONS.— 
(A) IN GENERAL.—If the Secretary denies 
an application of an airport operator following 
reconsideration under this subsection, the Sec-
retary shall provide to the airport operator a 
written report that sets forth— 
(i) the findings that served as the 
basis for the denial; 
(ii) the results of any cost or security 
analysis conducted in considering the ap-
plication; and 
(iii) recommendations on how the air-
port operator can address the reasons for 
the denial. 
(B) SUBMISSION TO CONGRESS.—The Sec-
retary shall submit to the Committee on Com-
merce, Science, and Transportation of the Sen-
ate and the Committee on Homeland Security 
of the House of Representatives a copy of any 
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report provided to an airport operator under 
subparagraph (A). 
(d) REFERENCES TO UNDER SECRETARY.—Section 
44920 of such title is amended— 
(1) in subsection (a) by striking ‘‘Under Sec-
retary’’ the first place it appears and inserting ‘‘Sec-
retary of Homeland Security’’; 
(2) by striking ‘‘Under Secretary’’ each place it 
appears and inserting ‘‘Secretary’’; and 
(3) in subsection (g) by striking ‘‘of Homeland 
Security’’ each place it appears. 
Æ 
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