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Bill
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Title I — Reform

S. 697 · 113th Congress · Apr 10, 2013 · Lineage

I Reform

Sec. 101 Prohibition on screening by subsidiaries of foreign-owned corporations

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 inserting the following:

“(d) Standards for private screening companies—The Under Secretary may enter”

(2)
by striking paragraph (2); and
(3)
by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and moving such paragraphs, as so redesignated, two ems to the left.

Sec. 102 Competition for private screening contracts

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 subcontracting—The Under Secretary is prohibited from entering into any contract for screening services under this section that would allow for the screening services to be performed by a subcontractor.”

Sec. 104 Flexibility in approving airport operator applications

Paragraph (2) of section 44920(b) of title 49, United States Code, is amended by striking “shall” and inserting “may”.

Sec. 105 Enhanced standards for application assessments

Paragraph (2) of section 44920(b) of title 49, United States Code, is amended by inserting before the period at the end the following: “and 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 following new paragraph:

“(4) Timeline for awarding a contract for screening services

“(A) In general—Not later than 270 days after approving an application under paragraph (1), the Under Secretary shall award a contract to a qualified private screening company in accordance with subsections (c) and (d).

“(B) Notification—If the Under Secretary is unable to make an award in accordance with subparagraph (A), the Under Secretary shall notify the airport operator that submitted the application at issue of the determination and the basis for such determination, and about eligibility for reapplication in accordance with subsection (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 Under Secretary is prohibited from providing funding to any private screening company that provides screening services at an airport in excess of the amount required for the performance 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 the Contract Screener Reform and Accountability Act, the Comptroller General of the United States shall provide to the Under Secretary guidance on how to conduct an analysis of the total annual cost incurred by the Federal Government with respect to screening services provided by private screening companies.

“(2) Action—Not later than 180 days after receipt of the guidance described in paragraph (1) and annually thereafter, the Under Secretary shall utilize such guidance to identify costs incurred by the Federal Government as a result of overseeing the performance of private screening companies, compared with costs incurred by the Under Secretary at airports that utilize Federal Government personnel for passenger 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

“(1) Notification to public—The operator of each airport at which a private screening company provides screening services under this section 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 is conducted by contract screening personnel and not by Federal Government personnel. Such signs shall also display a contact number and Internet website address maintained by such private screening company for a passenger to report complaints about the passenger's screening experience.

“(2) Tracking and reporting of complaints—Each private screening company that provides screening services at an airport under this section shall track all passenger complaints made under paragraph (1) and regularly report on those complaints to the Under Secretary through, to the maximum extent practicable, the contracting officer of the private screening company. The Under Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on those complaints upon request.”

Sec. 110 Information on transition plans

Subsection (b) of section 44920 of title 49, United States Code, as amended by section 106, 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 Under Secretary of the decision of the airport operator to discontinue the use of screening personnel of a qualified private screening company at an airport and use Federal Government personnel for screening services at the airport, the Under Secretary shall provide the airport operator with information on how the Under Secretary intends to carry out the transition of screening services, including an anticipated timeline and key benchmarks.”