text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Security Enhancement and Jobs Act of 
  2011''.
  
  SEC. 2. PERIOD FOR RESOLVING APPLICATIONS SUBMITTED TO THE 
                TRANSPORTATION SECURITY ADMINISTRATION FOR THE AIRPORT 
                SECURITY SCREENING OPT-OUT PROGRAM.
  
      (a) In General.--Section 44920(b) of title 49, United States Code, 
  is amended to read as follows:
      ``(b) Approval of Applications.--
              ``(1) In general.--Not later than 120 days after the date 
          of receipt of an application submitted by an airport operator 
          under subsection (a), the Secretary shall approve or deny the 
          application.
              ``(2) Standards.--The Secretary shall approve an 
          application submitted by an airport operator under subsection 
          (a) unless the Secretary determines that the approval would 
          compromise security, detrimentally affect the efficiency or 
          effectiveness of the screening of passengers or property at the 
          airport, or otherwise adversely affect the mission of the 
          Transportation Security Administration.
              ``(3) Reports on denials of applications.--
                      ``(A) In general.--If the Secretary denies an 
                  application submitted by an airport operator under 
                  subsection (a), the Secretary shall provide to the 
                  airport operator 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 Secretary 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).
              ``(4) Approved applications.--
                      ``(A) List of qualified private screening 
                  companies.--Not later than 60 days after the date the 
                  Secretary approves an application submitted by an 
                  airport operator under subsection (a), the Secretary 
                  shall provide to the airport operator a list of 
                  qualified private screening companies (as described in 
                  subsection (c)), except that this subparagraph shall 
                  not apply in a case in which the airport operator is 
                  competing to provide screening services at the airport.
                      ``(B) Consideration of airport operator's 
                  recommendations.--In selecting a private screening 
                  company to provide screening services at an airport, 
                  the Secretary shall take into consideration any 
                  recommendation from the airport operator as to which 
                  company would best serve the security screening and 
                  passenger needs of the airport.''.
      (b) Delegation of Authority.--Section 44920 of such title is 
  amended by adding at the end the following:
      ``(h) Delegation of Authority.--The Secretary may carry out this 
  section acting through the Assistant Secretary of Homeland Security 
  (Transportation Security Administration).''.
      (c) Reconsideration of Applications Pending as of January 1, 
  2011.--
              (1) In general.--Not later than 30 days after the date of 
          enactment of this Act, the Secretary of Homeland Security shall 
          reconsider any application for the screening of passengers and 
          property that--
                      (A) was submitted by the operator of an airport 
                  pursuant to section 44920(a) of such title;
                      (B) was pending for final decision by the Secretary 
                  as of January 1, 2011; and
                      (C) has not been approved by the Secretary on or 
                  before such date of enactment.
              (2) Notice to airport operators.--The Secretary shall 
          provide written notice to the operator of an airport that 
          submitted an application to be reconsidered under paragraph 
          (1). The notice shall--
                      (A) inform the operator that the Secretary will 
                  reconsider the application;
                      (B) if the application was initially denied, advise 
                  the operator of the findings that served as the basis 
                  for the denial; and
                      (C) request the operator to provide the Secretary 
                  with such additional information as the Secretary 
                  determines necessary to reconsider the application.
              (3) Deadline; standards.--The Secretary shall approve or 
          deny an application to be reconsidered under paragraph (1) on 
          or before the last day of the 120-day period beginning on the 
          date of enactment of this Act. The Secretary shall apply the 
          standards set forth in section 44920(b) of such title (as 
          amended by this section) in approving and denying such 
          applications.
              (4) Deemed approval.--If the Secretary does not approve or 
          deny an application to be reconsidered under paragraph (1) on 
          or before the last day of the 120-day period referred to in 
          paragraph (3), the application shall be deemed approved.
              (5) Reports on denials of applications.--
                      (A) In general.--If the Secretary denies an 
                  application of an airport operator following 
                  reconsideration under this subsection, the Secretary 
                  shall provide to the airport operator 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 Secretary 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).
      (d) References to Under Secretary.--Section 44920 of such title is 
  amended--
              (1) in subsection (a) by striking ``Under Secretary'' the 
          first place it appears and inserting ``Secretary of Homeland 
          Security'';
              (2) by striking ``Under Secretary'' each place it appears 
          and inserting ``Secretary''; and
              (3) in subsection (g) by striking ``of Homeland Security'' 
          each place it appears.
target: Security Enhancement and Jobs Act of 2011 - Transfers from the Under Secretary of Transportation for Security (DOT) to the Secretary of Homeland Security (DHS) the authority to approve, within 120 days after receipt, any application of an airport operator to have the screening of passengers and property at an airport be carried out by the screening personnel of a qualified private screening company (security screening opt-out program).
  
  Requires the Secretary to approve such an application unless approval would compromise security, detrimentally affect the efficiency or effectiveness of screening, or otherwise adversely affect the mission of the Transportation Security Administration (TSA).
  
  Authorizes the Secretary to carry out this Act acting through the Assistant Secretary of Homeland Security (TSA).
feat_title: To amend title 49, United States Code, concerning approval of applications for the airport security screening opt-out program, and for other purposes.