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Code · STATUTE-COMPILATIONS · FAA Reauthorization Act of 2018 · Sec. 1946

Sec. 1946. SCREENING PARTNERSHIP PROGRAM UPDATES

965 words·~4 min read·/statute-compilations/comps-15561/sec-1946

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## SEC. 1946 SCREENING PARTNERSHIP PROGRAM UPDATES ###
(a)Security Screening Opt-Out Program Section 44920 is amended— ####
(1)in the heading by striking “Security screening opt-out program” and inserting “Screening partnership program”; ####
(2)by amending subsection
(a)to read as follows: > > ### “(a) In General > > An airport operator may submit to the Administrator of the Transportation Security Administration an application to carry out the screening of passengers and property at the airport under section 44901 by personnel of a qualified private screening company pursuant to a contract entered into with the Transportation Security Administration.” > ; ####
(3)in subsection (b)— #####
(A)by amending paragraph
(1)to read as follows: > > #### “(1) In general > > Not later than 60 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Administrator shall approve or deny the application.” > ; and #####
(B)in paragraphs
(2)and (3), by striking “Under Secretary” each place it appears and inserting “Administrator”; ####
(4)in subsection (d)— #####
(A)in the heading, by striking “Standards”inserting “Selection of Contracts and Standards”; #####
(B)by redesignating paragraph
(2)as paragraph (3); #####
(C)in paragraph (1)— ######
(i)by striking “The Under Secretary may enter” and all that follows through “certifies to Congress that—” and inserting “The Administrator shall, upon approval of the application, provide the airport operator with a list of qualified private screening companies.”; and ######
(ii)by inserting before subparagraphs
(A)and
(B)the following: > > #### “(2) Contracts > > The Administrator shall, to the extent practicable, enter into a contract with a private screening company from the list provided under paragraph
(1)for the provision of screening at the airport not later than 120 days after the date of approval of an application submitted by the airport operator under subsection
(a)if—” > ; and #####
(D)in paragraph (2), as redesignated— ######
(i)in subparagraph (A), by striking “; and” and inserting a semicolon; ######
(ii)in subparagraph (B)— ######
(I)by striking “Under Secretary” and inserting “Administrator”; and ######
(II)by striking the period at the end and inserting “; and”; and ######
(iii)by adding at the end the following: > > ##### “(C) > > the selected qualified private screening company offered contract price is equal to or less than the cost to the Federal Government to provide screening services at the airport.” > ; and #####
(E)in paragraph (3), as redesignated— ######
(i)by striking “paragraph (1)(B)” and inserting “paragraph (2)(B)”; and ######
(ii)by striking “Under Secretary” each place it appears and inserting “Administrator”; ####
(5)in subsection (e)— #####
(A)in the heading, by striking “Screened” and inserting “Screening”; #####
(B)by striking the period at the end and inserting “; and”; #####
(C)by striking “The Under Secretary shall” and inserting “The Administrator shall—”; #####
(D)by inserting “(1)” before “provide Federal Government” and indenting appropriately; and #####
(E)by adding at the end the following: > > #### “(2) > > undertake covert testing and remedial training support for employees of private screening companies providing screening at airports.” > ; ####
(6)in subsection (f)— #####
(A)in the heading, by inserting “or Suspension” after “Termination”; #####
(B)by striking “terminate” and inserting “suspend or terminate, as appropriate,”; and #####
(C)by striking “Under Secretary” each place it appears and inserting “Administrator”; and ####
(7)by striking subsection
(h)and inserting the following: > > ### “(h) Evaluation of Screening Company Proposals for Award > > > #### “(1) In general > > Except as provided in paragraph (2), notwithstanding any other provision of law, including title 48 of the Code of Federal Regulations and the Federal Advisory Committee Act (5 U.S.C. App.), an airport operator that has applied and been approved to have security screening services carried out by a qualified private screening company under contract with the Administrator may nominate to the head of the contracting activity an individual to participate in the evaluation of proposals for the award of such contract. > > > #### “(2) Participation on a proposal evaluation committee > > Any participation on a proposal evaluation committee under paragraph
(1)shall be conducted in accordance with chapter 21 of title 41. > > > ### “(i) Innovative Screening Approaches and Technologies > > The Administrator shall encourage an airport operator to whom screening services are provided under this section to recommend to the Administrator innovative screening approaches and technologies. Upon receipt of any such recommendations, the Administrator shall review and, if appropriate, test, conduct a pilot project, and, if appropriate, deploy such approaches and technologies.” > . ###
(b)Feasibility Assessment ####
(1)In general The Administrator, in consultation with airport operators and airlines, shall submit to the appropriate committees of Congress an assessment of the feasibility of modifying the Screening Partnership Program to allow an individual airport terminal to participate in the Screening Partnership Program. ####
(2)Considerations In conducting the assessment under paragraph (1), the Administrator shall consider— #####
(A)potential benefits and costs, including with respect to the efficacy of security operations, of such an approach; #####
(B)potential impacts on security operations; and #####
(C)potential impacts on recruitment, hiring, and retention. ###
(c)Applications Submitted Before the Date of Enactment **[**[49 U.S.C. 44920 note](/us/usc/t49/s44920)**]** Not later than 30 days after the date of enactment of this Act, the Administrator shall approve or deny, in accordance with section 44920(b) of title 49, United States Code, as amended by this Act, each application submitted before the date of enactment of this Act, by an airport operator under subsection
(a)of that section, that is awaiting such a determination.
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Sec. 1946
SCREENING PARTNERSHIP PROGRAM UPDATES
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