[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3213 Introduced in House (IH)]
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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 passengers and property 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 ``Expanding Private Airport Security
Screening Act''.
SEC. 2. QUALIFIED PRIVATE SCREENING COMPANY SERVICES.
Section 44920 of title 49, United States Code, is amended to read
as follows:
``Sec. 44920. Screening partnership program
``(a) Screening Partnership Program Contracts.--
``(1) In general.--An airport operator may enter into a
contract with a qualified private screening 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 Transportation Security Administration.
``(b) Public List of Qualified Private Screening 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 the Administrator in such form,
in such manner, and containing such information as the
Administrator may require.
``(3) Requirements.--A qualified private screening company
is eligible to be included in the list maintained under
paragraph (1) if the company--
``(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 Administrator
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 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 passenger 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 property 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 compensatory, punitive, contributory, or indemnity
damages) related to an act of negligence, gross negligence, or
intentional wrongdoing by--
``(A) a qualified private screening company or any
of its employees in any case in which the 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
Fostering Effective Technologies Act of 2002 shall it relieve
any qualified private screening company or its employees from
any liability related to its own acts of negligence, gross
negligence, or intentional wrongdoing.
``(f) Report to Congress.--
``(1) In general.--The Administrator shall submit an annual
report to the Committee on Commerce, 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 this section and the mean
average screening performance of all airports using
Federal Government passenger and property screening
services;
``(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 qualified private screening company for such
services under this section delineated by airport
category; and
``(C) a comparison of the cost to each airport
operator of contracting with a qualified private
screening company to provide passenger and property
screening services under this section to the estimated
cost to the Federal Government to provide passenger and
property security 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 Federal Government, including all costs
incurred by all Federal agencies of providing passenger and
property screening services at an airport.
``(3) Publication.--Not later than 7 days after the date on
which the Administrator submits a report required under
paragraph (1), the Administrator 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 period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(3) in the case of an airport operator that contracts
with a qualified private screening company to provide passenger
and property screening services at such airport, a comparison
of the cost of such contract and an estimate of the cost to
such airport operator of providing passenger and property
screening services with Federal Government personnel.''.
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