equal to or greater than the level of compensation 
and other benefits that such individuals were pro-
vided by the Federal Government at the time the 
contract was awarded. 
‘‘(2) 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 Under Secretary 
before the date of the enactment of this sub-
section.’’. 
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 Under Secretary with information on retention 
rates of screeners and supervisory personnel employed by 
each such private screening company at each such airport, 
and a detailed description of adverse employment actions 
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taken against any of such screeners or supervisory per-
sonnel at each such airport. The Under Secretary shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate, upon 
request by either 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 Under Secretary shall establish a process by 
which any person may submit to the Under Sec-
retary a report regarding problems, deficiencies, 
waste, or vulnerabilities with respect to screening 
services provided at an airport where such services 
are provided by a private screening company. 
‘‘(2) CONFIDENTIALITY.—The Under Secretary 
shall keep confidential the identity of a person who 
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submits a report under paragraph (1), and any such 
report 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 Under Secretary 
shall respond promptly to such person to acknowl-
edge receipt of such report. 
‘‘(4) STEPS
TO
ADDRESS
PROBLEMS.—The 
Under Secretary shall review and consider the infor-
mation provided in any report submitted under para-
graph (1) and shall, as necessary, take appropriate 
steps under this title to address any problem, defi-
ciency, waste, or vulnerability identified in such re-
port. 
‘‘(5) RETALIATION PROHIBITED.— 
‘‘(A) PROHIBITION.—No private screening 
company may discharge any employee or other-
wise discriminate against any employee with re-
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 Under Secretary of 
any problem, deficiency, waste, or vulner-
ability; 
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‘‘(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 (or proposed provi-
sion) 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 
manner in such a proceeding or in any 
other action to carry out the purposes of 
this title. 
‘‘(B) SUSPENSION.—If the Under Sec-
retary determines that any private screening 
company has engaged in retaliation in violation 
of subparagraph (A), the Under Secretary shall 
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suspend the contract of such private screening 
company to provide screening services.’’. 
(b) RULE
OF CONSTRUCTION.—Nothing in sub-
section (q) of section 44920 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 relating to protections for the reporting of prob-
lems, deficiencies, waste, or vulnerabilities, including pro-
tections against retaliation related thereto. 
Æ 
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