Section 1 Short title
This Act may be cited as the “Screening Partnership Reform Act of 2018”.
Screening Partnership Reform Act of 2018
A BILL
To improve the program providing for private screening companies to conduct security screening at airports, and for other purposes.
Sec. 2 Screening partnership program
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.”
Qualified private screening companies— Subsection (c) of such section is amended by striking “and will provide” and all that follows through “with this chapter”.
Standards for private screening companies— Subsection (d) of such section is amended—
in paragraph (1)—
in subparagraph (A), by striking “; and” and inserting a semicolon;
by redesignating subparagraph (B) as subparagraph (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;”
in subparagraph (C), as redesignated by subparagraph (B), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(D) entering into the contract would not compromise aviation security.”
in paragraph (2)—
by striking “paragraph (1)(B)” and inserting “paragraph (1)(C)”; and
by striking the second sentence; and
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.”
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.”
Conforming amendments— Such section is further amended—
in the section heading, by striking “Security screening opt-out program” and inserting “Screening partnership program”;
by striking subsection (h); and
by striking “Under Secretary” each place it appears and inserting “Administrator”.
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: