49 U.S.C. § 44920 : US Code - Section 44920: Security screening opt-out program

Search 49 U.S.C. § 44920 : US Code - Section 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 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 be 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.
(g) Operator of Airport. - Notwithstanding any other provision of
law, an operator of an airport shall not be liable for any claims
for damages filed in State or Federal court (including a claim for
compensatory, punitive, contributory, or indemnity damages)
relating to -
(1) such airport operator's decision to submit an application
to the Secretary of Homeland Security under subsection (a) or
section 44919 or such airport operator's decision not to submit
an application; and
(2) any act of negligence, gross negligence, or intentional
wrongdoing by -
(A) a qualified private screening company or any of its
employees in any case in which the qualified private screening
company is acting under a contract entered into with the
Secretary of Homeland Security or the Secretary's designee; or
(B) employees of the Federal Government providing passenger
and property security screening services at the airport.
(3) Nothing in this section shall relieve any airport operator
from liability for its own acts or omissions related to its
security responsibilities, nor except as may be provided by the
Support Anti-Terrorism by Fostering Effective Technologies Act of
2002 shall it relieve any qualified private screening company or
its employees from any liability related to its own acts of
negligence, gross negligence, or intentional wrongdoing.