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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4561 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 4561

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 10, 2018

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
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 1 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 2 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.

            Passed the House of Representatives January 9, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```