[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4561 Reported in House (RH)]
<DOC>
Union Calendar No. 371
115th CONGRESS
2d Session
H. R. 4561
[Report No. 115-498]
To provide for third party testing of transportation security screening
technology, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2017
Mr. Bilirakis (for himself, Mr. McCaul, Mr. Katko, and Mr. Dunn)
introduced the following bill; which was referred to the Committee on
Homeland Security
January 9, 2018
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
December 6, 2017]
_______________________________________________________________________
A BILL
To provide for third party testing of transportation security screening
technology, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Assessment Feasibility for
Equipment Testing and Evaluation of Capabilities for our Homeland Act''
or the ``SAFE TECH Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
SEC. 3. THIRD PARTY TESTING OF SECURITY SCREENING TECHNOLOGY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator, in consultation with the
Under Secretary for Science and Technology of the Department of
Homeland Security, shall develop a program to enable a vendor of
transportation security screening technology to obtain testing,
including as an alternative to the Administration's testing process
under paragraph (9) of section 114(f) of title 49, United States Code,
by an appropriate third party, as determined by the Administrator, in
consultation with the Under Secretary, of such technology before
procurement or development of such technology.
(b) Detection Testing.--
(1) In general.--The third party testing program authorized
under subsection (a) shall include detection testing to
evaluate the performance of a security screening technology
relating to the probability of detection, the probability of
false alarm, and other indicators that such technology is able
to meet the Administration's mission needs for detection of--
(A) explosives; and
(B) prohibited items.
(2) Coordination with final processes.--To the extent
practicable, and without compromising the integrity of the
Administration's testing process under paragraph (9) of section
114(f) of title 49, United States Code, or the Department of
Homeland Security's oversight of such testing process, or
increasing costs to the Administration, the Administrator shall
coordinate the third party detection testing under paragraph
(1) with any associated subsequent final Department of Homeland
Security testing.
(3) International partnerships.--To the extent practicable
and permissible under law, and in accordance with national
security interests of the United States, the Administrator
shall--
(A) share with appropriate international partners
detection testing information and standards; and
(B) coordinate with such appropriate international
partners to align such testing information and
standards to maximize the capability to detect
explosives and other threats.
(c) Alternative Testing Factors.--Third party testing under
subsection (a) may include as an alternative, at the discretion of the
Administrator, the testing at the TSA Systems Integration Facility of
the Administration, including testing for--
(1) health and safety factors;
(2) operator interface;
(3) human factors;
(4) environmental factors;
(5) throughput;
(6) reliability, maintainability, and availability factors;
and
(7) interoperability.
(d) Testing Framework.--The Administrator, in consultation with the
Under Secretary for Science and Technology of the Department of
Homeland Security, shall--
(1) establish a framework for the third party testing under
this section to determine if the security screening technology
that is the subject of such testing satisfies the
Administration's requirements before such technology may enter
or re-enter, as applicable, operational testing at an airport
or other transportation facility; and
(2) use phased implementation to allow the Administration
and the third party concerned to establish best practices.
(e) Prioritization of Third Party Testing.--The Administrator may
prioritize, when appropriate, the field testing of security screening
technology and equipment by third parties.
(f) Eligible Entities.--
(1) United states ownership.--An entity providing third
party testing under the program developed pursuant to
subsection (a) shall be owned and controlled by a citizen of
the United States.
(2) Waiver.--The Administrator may waive the requirement
specified in paragraph (1) with respect to an entity that is a
United States subsidiary of 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 seeking to engage
in third party testing. The Administrator has complete
discretion to reject any proposal from a company to provide
testing under subsection (a) that requires a waiver under this
paragraph.
(3) Conflicts of interest.--The Administrator shall ensure,
to the extent possible, that an entity providing third party
testing under this section does not have a contractual,
business, or other pecuniary interest (exclusive of any such
testing) in--
(A) the security screening technology subject to
such testing; or the
(B) vendor of such technology.
SEC. 4. RECIPROCAL RECOGNITION OF SECURITY STANDARDS.
(a) In General.--The Administrator, in coordination with the
European Civil Aviation Conference, shall continue development of a
validation process for the reciprocal recognition of security
validation processes for recognition of security screening technologies
or certification authorities for deployment.
(b) Requirement.--The validation process under subsection (a) shall
ensure that the certification process of each participating
international security partner or recognized certification authority
complies with Administration standards.
SEC. 5. GAO REVIEW.
Not later than two years after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
study on the third party testing program developed under this Act. Such
study shall include a review of the following:
(1) Any efficiencies or gains in effectiveness achieved in
the Administration's operations as a result of such program.
(2) The degree to which the Administration conducts timely
and regular oversight of entities engaged in such testing.
(3) The effect of such program on the following:
(A) The introduction of innovative detection
technologies into security screening operations.
(B) The availability of testing for technologies
developed by small to medium sized businesses.
(C) Any vulnerabilities associated with such
program including with respect to the following:
(i) National security.
(ii) Conflicts of interest between entities
carrying out such testing and entities with
such technologies to be tested.
(iii) Waste, fraud and abuse.
Union Calendar No. 371
115th CONGRESS
2d Session
H. R. 4561
[Report No. 115-498]
_______________________________________________________________________
A BILL
To provide for third party testing of transportation security screening
technology, and for other purposes.
_______________________________________________________________________
January 9, 2018
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed