I 
114TH CONGRESS 
1ST SESSION H. R. 3415 
To prohibit subsidiaries of foreign-owned corporations from obtaining con-
tracts 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 air-
ports, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Aviation Screening Contractor Reform and Account-
ability Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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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 in-
serting the following: 
‘‘(d) STANDARDS FOR PRIVATE SCREENING COMPA-
NIES.—The Assistant Secretary of Homeland Security 
(Transportation Security Administration) may enter’’; 
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(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 waiv-
ers). 
SEC. 102. COMPETITION FOR PRIVATE SCREENING CON-
TRACTS. 
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
SUBCON-
TRACTING.—The Administrator of the Transportation Se-
curity 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 AP-
PLICATIONS. 
Paragraph (2) of section 44920(b) of title 49, United 
States Code, is amended by striking ‘‘shall’’ and inserting 
‘‘may’’. 
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SEC. 105. ENHANCED STANDARDS FOR APPLICATION AS-
SESSMENTS. 
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 fol-
lowing 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 Trans-
portation Security Administration shall award a 
contract to a qualified private screening com-
pany 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 no-
tify the airport operator that submitted the ap-
plication at issue of the determination and the 
basis for such determination, and about eligi-
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bility for reapplication in accordance with sub-
section (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 Se-
curity Administration may not provide funding to any pri-
vate screening company that provides screening services 
at an airport in excess of the amount required for the per-
formance 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 serv-
ices provided by private screening companies. 
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‘‘(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 Fed-
eral Government as a result of overseeing the per-
formance of private screening companies, compared 
with costs incurred by the Administrator at airports 
that utilize Federal Government personnel for pas-
senger 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 em-
ployed 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 air-
port 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 screen-
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ing 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 Ad-
ministrator of the Transportation Security Adminis-
tration of the decision of such airport operator to 
discontinue the use of screening personnel of a quali-
fied private screening company and use Transpor-
tation Security Officers for screening services at the 
airport operated by such airport operator, the Ad-
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ministrator shall provide such airport operator with 
information on how the Administrator intends to 
carry out the transition of screening services, includ-
ing 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 ap-
pears 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 Admin-
istration shall develop and implement a system to be car-
ried out, to the maximum extent practicable, by the con-
tracting officer who oversees each respective private 
screening company providing screening services at an air-
port, to enhance monitoring of performance of each such 
private screening company. Such system shall, at a min-
imum, provide year-to-year information about perform-
ance by each such private screening company, and be in 
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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 com-
pany shall regularly report to the Administrator of 
the Transportation Security Administration each se-
curity breach at an airport where baggage and pas-
senger screening is conducted by such a private 
screening company. Each such report shall include 
the following: 
‘‘(A) A detailed description of each secu-
rity breach. 
‘‘(B) Information regarding where each 
such breach occurred. 
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‘‘(C) Information regarding law enforce-
ment notification and response. 
‘‘(D) Any corrective action taken in re-
sponse 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 Trans-
portation 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 PER-
FORMANCE. 
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 
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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 sub-
mit to the Administrator of the Transportation Security 
Administration and to the Committee on Homeland Secu-
rity 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 COMPRO-
MISING 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: 
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‘‘(3) on or after the date of the enactment of 
this paragraph, neither the private screening com-
pany, nor its parent company, if applicable, has 
compromised any covert security testing by notifying 
individuals employed by such private screening com-
pany that such covert testing was occurring, or oth-
erwise 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 Ad-
ministration.’’. 
SEC. 205. PROPER HANDLING OF SENSITIVE SECURITY IN-
FORMATION. 
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 screen-
ing company that provides screening services at airports 
to provide all individuals employed by each such private 
screening company with annual training for the proper 
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handling of all sensitive information, including sensitive 
security information.’’. 
SEC. 206. OFFICE OF INSPECTOR GENERAL OVERSIGHT. 
The Inspector General of the Department of Home-
land 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 PROTEC-
TIONS. 
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 
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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 Govern-
ment personnel employed to perform screening serv-
ices at an airport at the time the contract is award-
ed, and presume that such Federal Government per-
sonnel are in good standing and are qualified under 
this subsection, and shall offer compensation and 
benefits that are not less than the level of compensa-
tion 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 com-
pany 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 stand-
ing and are qualified under this subsection, and, at 
the direction of the Administrator of the Transpor-
tation Security Administration, shall offer compensa-
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tion 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 pri-
vate screening company that is a qualified private 
screening company as of the date that is one day be-
fore the date of the enactment of this subsection to 
implement paragraph (1) with respect to any con-
tract that was entered into with the Administrator 
of the Transportation Security Administration be-
fore 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, pro-
vide the Administrator of the Transportation Security Ad-
ministration with information on retention rates of screen-
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ers and supervisory personnel employed by each such pri-
vate screening company at each such airport, and a de-
tailed 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 Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on Com-
merce, 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
DEFI-
CIENCIES.— 
‘‘(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 re-
port regarding problems, deficiencies, waste, or 
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vulnerabilities with respect to screening services pro-
vided 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 sub-
mits a report under paragraph (1), and any such re-
port shall be treated as protected information. 
‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re-
port submitted under paragraph (1) identifies the 
person submitting such report, the Administrator of 
the Transportation Security Administration shall re-
spond promptly to such person to acknowledge re-
ceipt of such report. 
‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Ad-
ministrator of the Transportation Security Adminis-
tration 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 other-
wise discriminate against any employee with re-
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spect 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 vulner-
ability; 
‘‘(ii) refused to engage in any practice 
made unlawful by this title, if such em-
ployee has identified the alleged illegality 
to such employer; 
‘‘(iii) testified before or otherwise pro-
vided information relevant for Congress or 
for any Federal or State proceeding re-
garding any provision of this title; 
‘‘(iv) commenced, caused to be com-
menced, 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 man-
ner in such a proceeding or in any other 
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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 sub-
paragraph (A), the Administrator shall suspend 
the contract of such private screening company 
to provide screening services.’’. 
(b) RULE
OF CONSTRUCTION.—Nothing in sub-
section (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 re-
lating to protections for the reporting of problems, defi-
ciencies, waste, or vulnerabilities, including protections 
against retaliation related thereto. 
Æ 
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