I 
117TH CONGRESS 
1ST SESSION H. R. 3213 
To amend title 49, United States Code, to allow airport operators to enter 
into contracts with qualified private screening companies to carry out 
the screening of passengers and property at airports, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 13, 2021 
Mr. PERRY introduced the following bill; which was referred to the Committee 
on Homeland Security 
A BILL 
To amend title 49, United States Code, to allow airport 
operators to enter into contracts with qualified private 
screening companies to carry out the screening of pas-
sengers and property at airports, 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 ‘‘Expanding Private Air-
port Security Screening Act’’. 
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SEC. 2. QUALIFIED PRIVATE SCREENING COMPANY SERV-
ICES. 
Section 44920 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 44920. Screening partnership program 
‘‘(a) SCREENING
PARTNERSHIP
PROGRAM
CON-
TRACTS.— 
‘‘(1) IN GENERAL.—An airport operator may 
enter into a contract with a qualified private screen-
ing company on the list maintained under subsection 
(b) to carry out the screening of passengers and 
property at the airport under section 44901. 
‘‘(2) NOTIFICATION.—Not less than 7 days 
after entering into a contract with a qualified private 
screening company under paragraph (1), an airport 
operator shall notify the Administrator of the Trans-
portation Security Administration. 
‘‘(b) PUBLIC LIST OF QUALIFIED PRIVATE SCREEN-
ING COMPANIES.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
maintain a publicly available list of qualified private 
screening companies that meet the requirements of 
paragraph (3). 
‘‘(2) APPLICATION.—To be included in the list 
maintained under paragraph (1), a qualified private 
screening company shall submit an application to 
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the Administrator in such form, in such manner, 
and containing such information as the Adminis-
trator may require. 
‘‘(3) 
REQUIREMENTS.—A 
qualified 
private 
screening company is eligible to be included in the 
list maintained under paragraph (1) if the com-
pany— 
‘‘(A) only employs individuals to provide 
such services who meet all the requirements of 
this chapter applicable to Federal Government 
personnel who perform passenger and property 
security screening services at airports under 
this chapter; 
‘‘(B) demonstrates capability of providing 
passenger and property screening services and 
protection at the same level provided by Federal 
Government personnel under this chapter; and 
‘‘(C) is owned and controlled by a citizen 
of the United States, to the extent that the Ad-
ministrator determines that there are private 
screening companies owned and controlled by 
such citizens. 
‘‘(c) TRANSITION PLAN.—Not later than 30 days 
after the date on which an airport operator provides the 
notification required under subsection (a)(2), the airport 
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operator shall create a plan to transition the provision of 
passenger and property screening services at such airport 
to the applicable qualified private screening company. 
‘‘(d) SUPERVISION OF SCREENING PERSONNEL.— 
The Administrator shall— 
‘‘(1) provide Federal Government supervisors to 
oversee all screening at each airport at which pas-
senger and property screening services are provided 
under this section and provide Federal Government 
law enforcement officers at the airport pursuant to 
this chapter; and 
‘‘(2) undertake covert testing and remedial 
training support for employees of qualified private 
screening companies providing passenger and prop-
erty screening services at airports. 
‘‘(e) OPERATOR OF AIRPORT.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, an operator of an airport shall not 
be liable for any claims for damages filed in State 
or Federal court (including a claim for compen-
satory, punitive, contributory, or indemnity dam-
ages) related to an act of negligence, gross neg-
ligence, or intentional wrongdoing by— 
‘‘(A) a qualified private screening company 
or any of its employees in any case in which the 
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qualified private screening company is acting 
under a contract entered into with the airport 
operator; or 
‘‘(B) employees of the Federal Government 
providing supervision of screening personnel at 
the airport. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall relieve any airport operator 
from liability for its own acts or omissions related to 
its security responsibilities, nor except as may be 
provided by the Support Anti-Terrorism by Fos-
tering Effective Technologies Act of 2002 shall it re-
lieve any qualified private screening company or its 
employees from any liability related to its own acts 
of negligence, gross negligence, or intentional wrong-
doing. 
‘‘(f) REPORT TO CONGRESS.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
submit an annual report to the Committee on Com-
merce, Science, and Transportation of the Senate 
and the Committee on Homeland Security of the 
House of Representatives that contains— 
‘‘(A) a comparison of the mean average 
screening performance of qualified private 
screening companies under contract pursuant to 
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this section and the mean average screening 
performance of all airports using Federal Gov-
ernment passenger and property screening serv-
ices; 
‘‘(B) a comparison of the mean cost of 
providing passenger and property screening 
services with Federal Government personnel 
and the mean cost of contracting with a quali-
fied private screening company for such services 
under this section delineated by airport cat-
egory; and 
‘‘(C) a comparison of the cost to each air-
port operator of contracting with a qualified 
private screening company to provide passenger 
and property screening services under this sec-
tion to the estimated cost to the Federal Gov-
ernment to provide passenger and property se-
curity screening services at such airport. 
‘‘(2) COST ESTIMATES.—Any estimate of cost 
to the Federal Government provided pursuant to 
paragraph (1) shall reflect the total cost to the Fed-
eral Government, including all costs incurred by all 
Federal agencies of providing passenger and prop-
erty screening services at an airport. 
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‘‘(3) PUBLICATION.—Not later than 7 days 
after the date on which the Administrator submits 
a report required under paragraph (1), the Adminis-
trator shall publish such report on a website of the 
Transportation Security Administration.’’. 
SEC. 3. PROVIDING EFFECTIVE COST COMPARISONS TO 
AIRPORT OPERATORS. 
Section 1947 of the FAA Reauthorization Act of 
2018 (49 U.S.C. 44901 note) is amended— 
(1) in paragraph (1) by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2)(B)(iii) by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) in the case of an airport operator that con-
tracts with a qualified private screening company to 
provide passenger and property screening services at 
such airport, a comparison of the cost of such con-
tract and an estimate of the cost to such airport op-
erator of providing passenger and property screening 
services with Federal Government personnel.’’. 
Æ 
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