Sec. 830. APPROVAL OF APPLICATIONS FOR THE AIRPORT SECURITY SCREENING OPT-OUT PROGRAM

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## SEC. 830 APPROVAL OF APPLICATIONS FOR THE AIRPORT SECURITY SCREENING OPT-OUT PROGRAM ###

(a)In General Section 44920(b) is amended to read as follows: > > ### “(b) Approval of Applications > > > #### “(1) In general > > Not later than 120 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Under Secretary shall approve or deny the application. > > > #### “(2) Standards > > The Under Secretary shall approve an application submitted by an airport operator under subsection

(a)if the Under Secretary determines that the approval would not compromise security or detrimentally affect the cost-efficiency or the effectiveness of the screening of passengers or property at the airport. > > > #### “(3) Reports on denials of applications > > > ##### “(A) In general > > If the Under Secretary denies an application submitted by an airport operator under subsection (a), the Under Secretary shall provide to the airport operator, not later than 60 days following the date of the denial, a written report that sets forth— > > > ###### “(i) > > the findings that served as the basis for the denial; > > > ###### “(ii) > > the results of any cost or security analysis conducted in considering the application; and > > > ###### “(iii) > > recommendations on how the airport operator can address the reasons for the denial. > > > ##### “(B) Submission to congress > > The Under Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A).” > . ###

(b)Waivers Section 44920(d) is amended— ####

(1)by redesignating paragraphs

(1)and

(2)as subparagraphs

(A)and (B), respectively, and moving the subparagraphs 2 ems to the right; ####

(2)by striking “ The Under Secretary ” and inserting the following: > > #### “(1) In general > > The Under Secretary” > ; and ####

(3)by adding at the end the following: > > #### “(2) Waivers > > The Under Secretary may waive the requirement of paragraph (1)(B) for any company that is a United States subsidiary with a parent company that has implemented a foreign ownership, control, or influence mitigation plan that has been approved by the Defense Security Service of the Department of Defense prior to the submission of the application. The Under Secretary has complete discretion to reject any application from a private screening company to provide screening services at an airport that requires a waiver under this paragraph.” > . ###

(c)Recommendations of Airport Operator Section 44920 is amended by adding at the end the following: > > ### “(h) Recommendations of Airport Operator > > As part of any submission of an application for a private screening company to provide screening services at an airport, the airport operator shall provide to the Under Secretary a recommendation as to which company would best serve the security screening and passenger needs of the airport, along with a statement explaining the basis of the operator’s recommendation.” > . ###

(d)Reconsideration of Applications Pending as of January 1, 2011 ####

(1)In general Upon the request of an airport operator, the Secretary of Homeland Security shall reconsider any application for the screening of passengers and property that— #####

(A)was submitted by the operator of an airport pursuant to section 44920(a) of title 49, United States Code; #####

(B)was pending for final decision by the Secretary on any day between January 1, 2011, and February 3, 2011, and was resubmitted by the applicant in accordance with new guidelines provided by the Secretary after February 3, 2011; and #####

(C)has not been approved by the Secretary on or before the date of enactment of this Act. ####

(2)Notice to airport operators In reconsidering an application submitted under paragraph (1), the Secretary shall— #####

(A)notify the airport operator that submitted the application that the Secretary will reconsider the application; #####

(B)if the application was initially denied, advise the operator of the findings that served as the basis for the denial; and #####

(C)request the operator to provide the Secretary with such additional information as the Secretary determines necessary to reconsider the application. ####

(3)Deadline; standards The Secretary shall approve or deny an application to be reconsidered under paragraph

(1)not later than the 120th day following the date of the request for reconsideration from the airport operator. The Secretary shall apply the standards set forth in section 44920(b) of title 49, United States Code (as amended by this section), in approving and denying such application. ####

(4)Reports on denials of applications #####

(A)In general If the Secretary denies an application of an airport operator following reconsideration under this subsection, the Secretary shall provide to the airport operator a written report that sets forth— ######

(i)the findings that served as the basis for the denial; and ######

(ii)the results of any cost or security analysis conducted in considering the application. #####

(B)Submission to congress The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A). # TITLE IX FEDERAL AVIATION RESEARCH AND DEVELOPMENT