SCREENING BY PRIVATE COMPANIES.

SEC. 108. SECURITY SCREENING BY PRIVATE COMPANIES. (a) In General.—Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following: “§ 44919. Security screening pilot program “(a) Establishment of Program.—The Under Secretary shall establish a pilot program under which, upon approval of an application submitted by an operator of an airport, the screening of passengers and property at the airport under section 44901 will be carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary. “(b) Period of Pilot Program.—The pilot program under this section shall begin on the last day of the 1-year period beginning on the date of enactment of this section and end on the last day of the 3-year period beginning on such date of enactment. “(c) Applications.—An operator of an airport may submit to the Under Secretary an application to participate in the pilot program under this section. “(d) Selection of Airports.—From among applications submitted under subsection (c), the Under Secretary may select for participation in the pilot program not more than 1 airport from each of the 5 airport security risk categories, as defined by the Under Secretary. “(e) Supervision of Screened Personnel.—The Under Secretary shall provide Federal Government supervisors to oversee all screening at each airport participating in the pilot program under this section and provide Federal Government law enforcement officers at the airport pursuant to this chapter. “(f) Qualified Private Screening Company.—A private screening company is qualified to provide screening services at an airport participating in the pilot program under this section 115 STAT. 612 if the company will only employ 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 chapter and will provide compensation and other benefits to such individuals that are not less than the level of compensation and other benefits provided to such Federal Government personnel in accordance with this chapter. “(g) Standards for Private Screening Companies.—The Under Secretary may enter into a contract with a private screening company to provide screening at an airport participating in the pilot program under this section only if the Under Secretary determines and certifies to Congress that the private screening company is owned and controlled by a citizen of the United States, to the extent that the Under Secretary determines that there are private screening companies owned and controlled by such citizens. “(h) Termination of Contracts.—The Under Secretary may terminate any contract entered into with a private screening company to provide screening services at an airport under the pilot program if the Under Secretary finds that the company has failed repeatedly to comply with any standard, regulation, directive, order, law, or contract applicable to the hiring or training of personnel to provide such services or to the provision of screening at the airport. “(i) Election.—If a contract is in effect with respect to screening at an airport under the pilot program on the last day of the 3-year period beginning on the date of enactment of this section, the operator of the airport may elect to continue to have such screening carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary under section 44920 or by Federal Government personnel in accordance with this chapter. “§44920. Security screening opt-out program “(a) In General.—On or after the last day of the 2-year period beginning on the date on which the Under Secretary transmits to Congress the certification required by section 110(c) of the Aviation and Transportation Security Act, an operator of an airport may submit to the Under Secretary an application to have the screening of passengers and property at the airport under section 44901 to be carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary. “(b) Approval of Applications.—The Under Secretary may approve any application submitted under subsection (a). “(c) Qualified Private Screening Company.—A private screening company is qualified to provide screening services at an airport under this section if the company will only employ 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 chapter and will provide compensation and other benefits to such individuals that are not less than the level of compensation and other benefits provided to such Federal Government personnel in accordance with this chapter. “(d) Standards for Private Screening Companies.—The Under Secretary may enter into a contract with a private screening company to provide screening at an airport under this section 115 STAT. 613 only if the Under Secretary determines and certifies to Congress that— “(1) the level of screening services and protection provided at the airport under the contract will he equal to or greater than the level that would be provided at the airport by Federal Government personnel under this chapter; and “(2) the private screening company is owned and controlled by a citizen of the United States, to the extent that the Under Secretary determines that there are private screening companies owned and controlled by such citizens. “(e) Supervision of Screened Personnel.—The Under Secretary shall provide Federal Government supervisors to oversee all screening at each airport at which screening services are provided under this section and provide Federal Government law enforcement officers at the airport pursuant to this chapter. “(f) Termination of Contracts.—The Under Secretary may terminate any contract entered into with a private screening company to provide screening services at an airport under this section if the Under Secretary finds that the company has failed repeatedly to comply with any standard, regulation, directive, order, law, or contract applicable to the hiring or training of personnel to provide such services or to the provision of screening at the airport.”. (b) Clerical Amendment.—The analysis for such subchapter is amended by adding after the item relating to section 44918 the following: "44919. Security screening pilot program. “44920. Security screening opt-out program.”.