,,ii #aacth ,,congress #ast ,session ,s4 #fig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aj1 #bjac ,mr4 ,brown introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to reform and improve the oversight of the performance of passenger and baggage security screening at domestic commercial airports by private screening companies1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,contract ,screener ,reform and ,accountability ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,reform ,sec4 #aja4 ,prohibition on screening by subsidiaries of foreign-owned corporations4 ,sec4 #ajb4 ,competition for private screening contracts4 ,sec4 #ajc4 ,prohibition on certain subcontracting4 ,sec4 #ajd4 ,flexibility in approving airport operator applications4 ,sec4 #aje4 ,enhanced standards for application assessments4 ,sec4 #ajf4 ,timeline for awarding a contract for screening services4 ,sec4 #ajg4 ,prohibition on bonuses and other awards4 ,sec4 #ajh4 ,cost analysis4 ,sec4 #aji4 ,customer service4 ,sec4 #aaj4 ,information on transition plans4 ,,title ,,ii--,oversight ,sec4 #bja4 ,enhanced oversight4 ,sec4 #bjb4 ,security breaches4 ,sec4 #bjc4 ,covert testing of contract screener performance4 ,sec4 #bjd4 ,contracting prohibition for compromising covert security testing4 ,sec4 #bje4 ,proper handling of sensitive security information4 ,,title ,,iii--,workforce ,protections ,sec4 #cja4 ,job and benefit protections4 ,sec4 #cjb4 ,retention and discipline4 ,sec4 #cjc4 ,protections for reporting deficiencies1 waste1 or vulnerabilities4 ,i ,reform #aja4 ,prohibition on screening by subsidiaries of foreign-owned corporations ,subsection 7d7 of section #ddibj of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking 7d7 and all that follows through ,the ,under ,secretary may enter and inserting the following3 7d7 ,standards for private screening companies ,the ,under ,secretary may enter 2 7#b7 by striking paragraph 7#b72 and 7#c7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and moving such paragraphs1 as so redesignated1 two ems to the left4 #ajb4 ,competition for private screening contracts ,section #ddibj of title #di1 ,united ,states ,code1 is amended by striking subsection 7h74 #ajc4 ,prohibition on certain subcontracting ,section #ddibj of title #di1 ,united ,states ,code1 as amended by section #ajb of this ,act1 is further amended by adding at the end the following new subsection3 7h7 ,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 subcontractor4 4 #ajd4 ,flexibility in approving airport operator applications ,paragraph 7#b7 of section #ddibj7;b7 of title #di1 ,united ,states ,code1 is amended by striking shall and inserting may4 #aje4 ,enhanced standards for application assessments ,paragraph 7#b7 of section #ddibj7;b7 of title #di1 ,united ,states ,code1 is amended by inserting before the period at the end the following3 and at airports nationwide4 #ajf4 ,timeline for awarding a contract for screening services ,subsection 7b7 of section #ddibj of title #di1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#d7 ,timeline for awarding a contract for screening services 7,a7 ,in general ,not later than #bgj days after approving an application under paragraph 7#a71 the ,under ,secretary shall award a contract to a qualified private screening company in accordance with subsections 7c7 and 7d74 7,b7 ,notification ,if the ,under ,secretary is unable to make an award in accordance with subparagraph 7,a71 the ,under ,secretary shall notify the airport operator that submitted the application at issue of the determination and the basis for such determination1 and about eligibility for reapplication in accordance with subsection 7a74 4 #ajg4 ,prohibition on bonuses and other awards ,section #ddibj of title #di1 ,united ,states ,code1 as amended by section #ajc of this ,act1 is further amended by adding at the end the following new subsection3 7i7 ,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 services4 4 #ajh4 ,cost analysis ,section #ddibj of title #di1 ,united ,states ,code1 as amended by section #ajg of this ,act1 is further amended by adding at the end the following new subsection3 7j7 ,cost analysis 7#a7 ,in general ,not later than #ahj days after the date of the enactment of the ,contract ,screener ,reform and ,accountability ,act1 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 companies4 7#b7 ,action ,not later than #ahj days after receipt of the guidance described in paragraph 7#a7 and annually thereafter1 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 companies1 compared with costs incurred by the ,under ,secretary at airports that utilize ,federal ,government personnel for passenger and baggage screening4 4 #aji4 ,customer service ,section #ddibj of title #di1 ,united ,states ,code1 as amended by section #ajh of this ,act1 is further amended by adding at the end the following new subsection3 7k7 ,customer service 7#a7 ,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 personnel4 ,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 experience4 7#b7 ,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 7#a7 and regularly report on those complaints to the ,under ,secretary through1 to the maximum extent practicable1 the contracting officer of the private screening company4 ,the ,under ,secretary shall report to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate on those complaints upon request4 4 #aaj4 ,information on transition plans ,subsection 7b7 of section #ddibj of title #di1 ,united ,states ,code1 as amended by section #ajf1 is further amended by adding at the end the following new paragraph3 7#e7 ,transition ,not later than #ij 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 airport1 the ,under ,secretary shall provide the airport operator with information on how the ,under ,secretary intends to carry out the transition of screening services1 including an anticipated timeline and key benchmarks4 4 ,,ii ,oversight #bja4 ,enhanced oversight ,section #ddibj of title #di1 ,united ,states ,code1 as amended by section #aji of this ,act1 is further amended by adding at the end the following new subsection3 7l7 ,enhanced oversight ,not later than #ahj days after the date of the enactment of the ,contract ,screener ,reform and ,accountability ,act1 the ,under ,secretary shall develop and implement a system to be carried out1 to the maximum extent practicable1 by the contracting officer who oversees each respective private screening company providing screening services at an airport under this section1 to enhance monitoring of performance of each such private screening company4 ,the system shall1 at a minimum1 provide year-to-year information about performance by each such private screening company1 and be in a format to provide for comparison with airports in the same category where screening services are provided by ,federal ,government personnel with respect to detection rates of threats and threat image tests1 recertification pass rates1 covert performance assessments1 and evaluations used to assess screener performance on various elements that may affect security and a passenger's overall travel experience4 4 #bjb4 ,security breaches ,section #ddibj of title #di1 ,united ,states ,code1 as amended by section #bja of this ,act1 is further amended by adding at the end the following new subsection3 7m7 ,security breaches 7#a7 ,in general ,a private screening company that provides screening services at an airport under this section shall report to the ,under ,secretary each security breach at that airport4 ,each such report shall include-- 7,a7 a detailed description of the security breach2 7,b7 information regarding where the breach occurred2 7,c7 information regarding law enforcement notification of and response to the breach2 and 7,d7 any corrective action taken in response to the breach4 7#b7 ,annual reports ,the ,under ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate an annual report containing the information on security breaches required to be submitted to the ,under ,secretary pursuant to paragraph 7#a71 including the definition of security breach used by the ,under ,secretary for purposes of this subsection4 ,to the extent practicable1 the report shall be submitted in unclassified form with a classified appendix if necessary4 4 #bjc4 ,covert testing of contract screener performance ,section #ddibj of title #di1 ,united ,states ,code1 as amended by section #bjb of this ,act1 is further amended by adding at the end the following new subsection3 7n7 ,covert testing 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct annual covert testing of airports where private screening companies provide screening services under this section4 ,to the extent practicable1 such covert testing shall be conducted at one airport with contract screener personnel within each airport category that was not the subject of covert testing by another ,federal entity during the same year4 7#b7 ,report required ,the ,comptroller ,general shall submit to the ,under ,secretary and to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that contains the results of covert testing conducted under paragraph 7#a74 ,to the extent practicable1 each such report shall be submitted in unclassified form with a classified appendix if necessary4 4 #bjd4 ,contracting prohibition for compromising covert security testing ,subsection 7d7 of section #ddibj of title #di1 ,united ,states ,code1 as amended by section #aja of this ,act1 is further amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#c7 on or after the date of the enactment of the ,contract ,screener ,reform and ,accountability ,act1 neither the private screening company1 nor its parent company1 if applicable1 has compromised any covert security testing by notifying individuals employed by the private screening company that the covert testing was occurring1 or has otherwise been found to have knowingly compromised covert testing conducted pursuant to subsection 7n7 or any other covert testing conducted by the ,inspector ,general of the ,department of ,homeland ,security1 the ,comptroller ,general of the ,united ,states1 or the ,under ,secretary4 4 #bje4 ,proper handling of sensitive security information ,section #ddibj of title #di1 ,united ,states ,code1 as amended by section #bjc of this ,act1 is further amended by adding at the end the following new subsection3 7o7 ,proper handling of sensitive security information ,the ,under ,secretary shall require each private screening company that provides screening services at an airport under this section to provide all individuals employed by the private screening company with annual training for the proper handling of all sensitive information1 including sensitive security information4 4 ,,iii ,workforce ,protections #cja4 ,job and benefit protections ,subsection 7c7 of section #ddibj of title #di1 ,united ,states ,code1 is amended to read as follows3 7c7 ,qualified private screening company 7#a7 ,in general ,beginning on the date of the enactment of the ,contract ,screener ,reform and ,accountability ,act1 a private screening company is qualified to provide screening services at an airport under this section if the private screening company will-- 7,a7 employ only individuals to provide such services who meet all the requirements of this chapter applicable to ,federal ,government personnel who perform screening services at airports under this chapter2 7,b7 provide the right of first refusal to the ,federal ,government personnel who performed screening services at the airport before the contract to provide screening services at the airport was awarded to the private screening company2 7,c7 presume that personnel described in subparagraph 7,b7 who are in good standing are qualified under this subsection2 and 7,d7 offer such individuals employment with compensation and other benefits that are equal to or greater than the level of compensation and other benefits that such personnel were provided by the ,federal ,government at the time the contract to provide screening services at the airport was awarded to the private screening company4 7#b7 ,rule of construction ,nothing in this subsection may be construed to require any private screening company that is a qualified private screening company as of the date that is one day before the date of the enactment of the ,contract ,screener ,reform and ,accountability ,act to implement paragraph 7#a7 with respect to any contract that was entered into with the ,under ,secretary before such date of enactment4 4 #cjb4 ,retention and discipline ,section #ddibj of title #di1 ,united ,states ,code1 as amended by section #bje of this ,act1 is further amended by adding at the end the following new subsection3 7p7 ,retention and discipline 7#a7 ,in general ,each private screening company that provides screening services at an airport under this section shall1 on a monthly basis1 provide the ,under ,secretary with information on retention rates of screeners and supervisory personnel employed by the private screening company at that airport1 and a detailed description of adverse employment actions taken against any of such screeners or supervisory personnel4 7#b7 ,report required ,the ,under ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 upon request by either such ,committee1 a report containing the information required to be provided to the ,under ,secretary under paragraph 7#a74 4 #cjc4 ,protections for reporting deficiencies1 waste1 or vulnerabilities 7a7 ,in general ,section #ddibj of title #di1 ,united ,states ,code1 as amended by section #cjb of this ,act1 is further amended by adding at the end the following new subsection3 7q7 ,protections for reporting deficiencies 7#a7 ,in general ,not later than #ij days after the date of the enactment of the ,contract ,screener ,reform and ,accountability ,act1 the ,under ,secretary shall establish a process by which any person may submit to the ,under ,secretary a report regarding problems1 deficiencies1 waste1 or vulnerabilities with respect to screening services provided at an airport where such services are provided by a private screening company under this section4 7#b7 ,confidentiality ,the ,under ,secretary shall keep confidential the identity of a person who submits a report under paragraph 7#a71 and any such report shall be treated as protected information4 7#c7 ,acknowledgment of receipt ,if a report submitted under paragraph 7#a7 identifies the person submitting the report1 the ,under ,secretary shall respond promptly to the person to acknowledge receipt of the report4 7#d7 ,steps to address problems ,the ,under ,secretary shall review and consider the information provided in any report submitted under paragraph 7#a7 and shall1 as necessary1 take appropriate steps under this title to address any problem1 deficiency1 waste1 or vulnerability identified in such report4 7#e7 ,retaliation prohibited 7,a7 ,prohibition ,no private screening company may discharge any employee or otherwise discriminate against any employee with respect to the employee's compensation1 terms1 conditions1 or other privileges of employment because the employee 7or any person acting pursuant to a request of the employee7-- 7i7 notified the ,under ,secretary of any problem1 deficiency1 waste1 or vulnerability with respect to screening services provided by the private screening company2 7ii7 refused to engage in any practice made unlawful by this title1 if the employee has notified the private screening company of the alleged illegality2 7iii7 testified before or otherwise provided information relevant for ,congress or for any ,federal or ,state proceeding regarding any provision 7or proposed provision7 of this title2 7iv7 commenced1 caused to be commenced1 or is about to commence or cause to be commenced a proceeding under this title2 7v7 testified or is about to testify in any such proceeding2 or 7vi7 assisted or participated in or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes of this title4 7,b7 ,suspension of contract ,if the ,under ,secretary determines that any private screening company has engaged in retaliation in violation of subparagraph 7,a71 the ,under ,secretary shall suspend the contract of the private screening company to provide screening services under this section4 4 7b7 ,rule of construction ,nothing in subsection 7q7 of section #ddibj of title #di1 ,united ,states ,code1 as added by subsection 7a7 of this section1 may be construed as in any manner affecting any other provision of law relating to protections for the reporting of problems1 deficiencies1 waste1 or vulnerabilities1 including protections against retaliation related to such reporting4