Title: Screening Partnership Reform Act of 2018
Policy area: Transportation and Public Works

Summary:
Screening Partnership Reform Act of 2018
This bill converts the security screening opt out program (a program providing for private screening companies to conduct security screening at airports) into the screening partnership program and further revises it to: (1) authorize the operator of an airport to select a qualified private screening company; (2) require that a contract with such a private screening company certify to Congress that the cost of providing screening services at the airport 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 that entering into the contract would not compromise aviation security; and (3) authorize consideration of recommendations by private screening companies for improving aviation security.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3441 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3441

  To improve the program providing for private screening companies to 
    conduct security screening at airports, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2018

    Mr. Lee introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To improve the program providing for private screening companies to 
    conduct security screening at airports, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Screening Partnership Reform Act of 
2018''.

SEC. 2. SCREENING PARTNERSHIP PROGRAM.

    (a) In General.--Section 44920 of title 49, United States Code, is 
amended by striking subsections (a) and (b) and inserting the 
following:
    ``(a) In General.--The operator of an airport may submit to the 
Administrator of the Transportation Security Administration a 
notification that the airport requests the screening of passengers and 
property at the airport under section 44901 by personnel of a qualified 
private screening company pursuant to a contract with the 
Transportation Security Administration.
    ``(b) Selection of Qualified Private Screening Companies.--
            ``(1) List of qualified private screening companies.--Not 
        later than 30 days after receiving a notification from the 
        operator of an airport under subsection (a), the Administrator 
        shall provide to the operator of that airport the 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 that 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 operator of an 
                airport selects a qualified private screening company 
                under paragraph (1)(A) or under this subparagraph 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 that bid, submit to 
                the operator, the Committee on Commerce, Science, and 
                Transportation of the Senate, and the Committee on 
                Homeland Security of the House of Representatives a 
                report that includes--
                            ``(i) the findings that served as the basis 
                        for rejecting the bid;
                            ``(ii) the results of any cost or security 
                        analyses conducted in relation to the bid; and
                            ``(iii) recommendations for how the 
                        operator of the airport can address the reasons 
                        the Administrator rejected the bid.''.
    (b) Qualified Private Screening Companies.--Subsection (c) of such 
section is amended by striking ``and will provide'' and all that 
follows through ``with this chapter''.
    (c) Standards for Private Screening Companies.--Subsection (d) of 
such section is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) 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;'';
                    (D) in subparagraph (C), as redesignated by 
                subparagraph (B), by striking the period at the end and 
                inserting ``; and''; and
                    (E) by adding at the end the following:
                    ``(D) entering into the contract would not 
                compromise aviation security.'';
            (2) in paragraph (2)--
                    (A) by striking ``paragraph (1)(B)'' and inserting 
                ``paragraph (1)(C)''; and
                    (B) by striking the second sentence; and
            (3) by adding at the end the following:
            ``(3) Calculation of federal costs.--For purpose of the 
        comparison of costs required by paragraph (1)(B), 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) Recommendations for Improving Aviation Security.--Such section 
is amended by adding at the end 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 to Congress and the private screening company a 
                report 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.''.
    (e) Conforming Amendments.--Such section is further amended--
            (1) in the section heading, by striking ``Security 
        screening opt-out program'' and inserting ``Screening 
        partnership program'';
            (2) by striking subsection (h); and
            (3) by striking ``Under Secretary'' each place it appears 
        and inserting ``Administrator''.
    (f) Clerical Amendment.--The table of sections for chapter 449 of 
title 49, United States Code, is amended by striking the item relating 
to section 44920 and inserting the following:

``44920. Screening partnership program.''.
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