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49 U.S.C. § 44920 — Screening partnership program

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44920 — Screening partnership program

**(a) In General.—** An airport operator may submit to the Administrator of the Transportation Security Administration an application to carry out the screening of passengers and property at the airport under section 44901 by personnel of a qualified private screening company pursuant to a contract entered into with the Transportation Security Administration. **(b) Approval of Applications.—** (1) **In general.—** — Not later than 60 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Administrator shall approve or deny the application. (2) **Standards.—** — The Administrator shall approve an application submitted by an airport operator under subsection (a) if the Administrator 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 Administrator denies an application submitted by an airport operator under subsection (a), the Administrator 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 Administrator 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). **(c) Qu

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Stable record: federal_law:legal_authorities:record_usc_01cd0e1c5836fe21c405be2a
Source file: Laws/federal/codes/united-states-code/title-49/section-44920-screening-partnership-program--378a7f62d8.md
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Source location: Title 49, Chapter 449, § 44920; chapter-449-security.md

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**(a) In General.—** An airport operator may submit to the Administrator of the Transportation Security Administration an application to carry out the screening of passengers and property at the airport under section 44901 by personnel of a qualified private screening company pursuant to a contract entered into with the Transportation Security Administration. **(b) Approval of Applications.—** (1) **In general.—** — Not later than 60 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Administrator shall approve or deny the application. (2) **Standards.—** — The Administrator shall approve an application submitted by an airport operator under subsection (a) if the Administrator 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 Administrator denies an application submitted by an airport operator under subsection (a), the Administrator 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 Administrator 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). **(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) Selection of Contracts and Standards for Private Screening Companies.—** (1) **In general.—** — The Administrator shall, upon approval of the application, provide the airport operator with a list of qualified private screening companies. (2) **Contracts.—** — The Administrator shall, to the extent practicable, enter into a contract with a private screening company from the list provided under paragraph (1) for the provision of screening at the airport not later than 120 days after the date of approval of an application submitted by the airport operator under subsection (a) if— (A) 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; (B) the private screening company is owned and controlled by a citizen of the United States, to the extent that the Administrator determines that there are private screening companies owned and controlled by such citizens; and (C) the selected qualified private screening company offered contract price is equal to or less than the cost to the Federal Government to provide screening services at the airport. (3) **Waivers.—** — The Administrator may waive the requirement of paragraph (2)(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 Administrator 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. **(e) Supervision of Screening Personnel.—** The Administrator shall— (1) 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; and (2) undertake covert testing and remedial training support for employees of private screening companies providing screening at airports. **(f) Termination or Suspension of Contracts.—** The Administrator may suspend or terminate, as appropriate, any contract entered into with a private screening company to provide screening services at an airport under this section if the Administrator 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 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. **(h) Evaluation of Screening Company Proposals for Award.—** (1) **In general.—** — Except as provided in paragraph (2), notwithstanding any other provision of law, including title 48 of the Code of Federal Regulations and the Federal Advisory Committee Act (5 U.S.C. App.),11 See References in Text note below. an airport operator that has applied and been approved to have security screening services carried out by a qualified private screening company under contract with the Administrator may nominate to the head of the contracting activity an individual to participate in the evaluation of proposals for the award of such contract. (2) **Participation on a proposal evaluation committee.—** — Any participation on a proposal evaluation committee under paragraph (1) shall be conducted in accordance with chapter 21 of title 41. **(i) 22 So in original. Two subsecs. (i) have been enacted. Innovative Screening Approaches and Technologies.—** The Administrator shall encourage an airport operator to whom screening services are provided under this section to recommend to the Administrator innovative screening approaches and technologies. Upon receipt of any such recommendations, the Administrator shall review and, if appropriate, test, conduct a pilot project, and, if appropriate, deploy such approaches and technologies. **(i) 2 Definition of Administrator.—** In this section, the term “Administrator” means the Administrator of the Transportation Security Administration.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 101 — Executive departments

The Executive departments are:

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3161 — Operational files of the Central Intelligence Agency

**(a) Exemption by Director of Central Intelligence Agency** The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith. **(b) “Operational files” defined** In this section, the term “operational files” means— (1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services; (2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and (3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources; except that files which are the sole repository of disseminated intelligence are not operational files. **(c) Search and review for information** Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning— (1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section55

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3161

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 501 — Office of Management and Budget

The Office of Management and Budget is an office in the Executive Office of the President.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44901 — Screening passengers and property

**(a) In General.—** The Administrator of the Transportation Security Administration shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. In the case of flights and flight segments originating in the United States, the screening shall take place before boarding and shall be carried out by a Federal Government employee (as defined in [section 2105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim)), except as otherwise provided in section 44920 and except for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match programs. **(b) Supervision of Screening.—** All screening of passengers and property at airports in the United States where screening is required under this section shall be supervised by uniformed Federal personnel of the Transportation Security Administration who shall have the power to order the dismissal of any individual performing such screening. **(c) Checked Baggage.—** A system must be in operation to screen all checked baggage at all airports in the United States as soon as practicable. **(d) Explosives Detection Systems.—** (1) **In general.—** — The Administrator of the Transportation Security Administration shall take all necessary action to ensure that— (A) explosives detection systems are deployed as soon as possible to ensure that all United States airports described in section 44903(c) have sufficient explosives detection systems to screen all checked baggag

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44901

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44920 — Screening partnership program

Page 1490 TITLE 49—TRANSPORTATION § 44920 ‘‘(3) DEFINITION OF LOW-RISK PASSENGER.—In this subsection, the term ‘low-risk passenger’ means a passenger who— ‘‘(A) meets a risk-based, intelligence-driven cri- teria prescribed by the Administrator; or ‘‘(B) undergoes a canine enhanced screening upon arrival at the passenger screening checkpoint. ‘‘(4) TERMINATION.—The pilot program shall termi- nate on the date that is 120 days after the date it commences under paragraph (1). ‘‘(5) BRIEFING.—Not later than 30 days after the ter- mination date under paragraph (4), the Administrator shall brief the appropriate committees of Congress [Committees on Commerce, Science, and Transpor- tation and Homeland Security and Governmental Af- fairs of the Senate and Committee on Homeland Se- curity of the House of Representatives] on the find- ings of the pilot program, including— ‘‘(A) information relating to the security effec- tiveness and passenger facilitation effectiveness of the risk modified screening protocol; ‘‘(B) a determination regarding whether the risk modified screening protocol was effective; and ‘‘(C) if the Administrator determined that the protocol was effective, a plan for the deployment of the protocol at as many TSA passenger screening checkpoints as practicable. ‘‘(6) IMPLEMENTATION.—In determining whether de- ployment of the protocol at a TSA passenger screen- ing checkpoint at an airport is practicable, the Ad- ministrator shall consider— ‘‘(A) the level of risk at the airport; ‘‘(B) the available space at the airport; ‘‘(C) passenger throughput levels at the airport; ‘‘(D) the checkpoint configuration at the airport; and ‘‘(E) adequate resources to appropriately serve passengers in TSA PreCheck security screening lanes at the passenger scr

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44920

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