ATSA section 109

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 7, 2003]

[Document not affected by Public Laws enacted between

January 7, 2003 and December 19, 2003]

[CITE: 49USC44919]

TITLE 49--TRANSPORTATION

SUBTITLE VII--AVIATION PROGRAMS

PART A--AIR COMMERCE AND SAFETY

subpart iii--safety

CHAPTER 449--SECURITY

SUBCHAPTER I--REQUIREMENTS

Sec. 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 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.

(Added Pub. L. 107-71, title I, Sec. 108(a), Nov. 19, 2001, 115 Stat.

611.)

References in Text

The date of enactment of this section, referred to in subsecs. (b)

and (i), is the date of enactment of Pub. L. 107-71, which was approved

Nov. 19, 2001.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the

Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security, and

for treatment of related references, see sections 203(2), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as modified,

set out as a note under section 542 of Title 6.

Section Referred to in Other Sections

This section is referred to in section 44901 of this title.