[Congressional Record Volume 164, Number 5 (Tuesday, January 9, 2018)]
[House]
[Pages H36-H38]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURITY ASSESSMENT FEASIBILITY FOR EQUIPMENT TESTING AND EVALUATION OF
CAPABILITIES FOR OUR HOMELAND ACT
Mr. KATKO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4561) to provide for third party testing of transportation
security screening technology, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4561
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.
[[Page H37]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Katko) and the gentleman from Texas (Mr. Vela) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KATKO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include any extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KATKO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in strong support of H.R. 4561, the SAFE
TECH Act, sponsored by my good friend and colleague and a knowledgeable
alumnus of the Homeland Security Committee, Congressman Bilirakis, who
recently participated in my subcommittee's overseas congressional
delegation to examine airport security and the passenger screening
technology in place at last point of departure airports with direct
flights to the United States.
As part of our delegation, we visited Schiphol Airport in Amsterdam,
where we saw the effective deployment of new and advanced computed
tomography screening technology, as well as a number of other screening
technologies aimed at making the passenger and employee screening
checkpoints both more effective and more efficient.
Upon returning to the United States, the committee conducted rigorous
oversight and found that the existing testing and evaluation processes
in place at the Department of Homeland Security and the Transportation
Security Administration are riddled with bureaucratic bottlenecks that
serve to delay new technologies for years.
I will note that the technology in place at the airport in Schiphol
was made in the United States, yet we are not taking advantage of that
technology because of these bottlenecks.
Additionally, due to logjams at Homeland Security and TSA facilities,
small businesses, as well as technology startups, are often prevented
from participating in the acquisitions and procurement processes. As a
result, our aviation system is left with antiquated security technology
that is incapable of adequately responding to new and ever-evolving
threats.
Madam Speaker, this is simply unacceptable, and we must act to reform
the Homeland Security and TSA acquisition processes. H.R. 4561 takes
significant steps toward making these reforms by allowing new
technologies to receive third-party testing and evaluation, while
maintaining existing lines of authority for the TSA administrator to
ensure such testing remains held to the highest standards of security
and integrity.
This bill will not only drive innovation but will also save taxpayer
dollars at Homeland Security and TSA, while reducing costs to companies
developing new screening technologies. That is why we have received
broad support, not only in a bipartisan manner here in Congress, but
also from the private sector.
Madam Speaker, I commend the dedication of Congressman Bilirakis to
reforming the broken acquisitions process currently in place and for
working with me and the committee on developing this bill. I also wish
to thank Chairman McCaul for supporting this legislation and moving it
quickly through the committee to address the serious concerns we found
through our oversight efforts.
I also thank my colleagues on the other side of the aisle, who
routinely support bills of ours, and we routinely support bills of
theirs, because we both understand that homeland security is a very
bipartisan issue.
Madam Speaker, I reserve the balance of my time.
Mr. VELA. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 4561, the Security
Assessment Feasibility for Equipment Testing and Evaluation of
Capabilities for Our Homeland Act, and I encourage my colleagues to
support its passage, which would require the Department of Homeland
Security to develop a new, third-party testing program for
Transportation Security Administration screening technology.
We have heard, time and time again, from vendors that it takes far
too long to get their technologies through TSA testing processes. TSA's
testing and evaluation must be improved not simply to improve
management efficiency, but to address the constantly evolving threat
landscape.
In November, TSA Administrator David Pekoske testified before the
Committee on Homeland Security about the need to accelerate deployment
of innovative security enhancements, as terrorist groups are becoming
more sophisticated. These bad actors are learning about our aviation
security countermeasures and have even gone so far as to post
instructions to build devices to evade screening technologies on the
internet.
{time} 1300
As terrorist and criminal organizations become more sophisticated, we
must remain one step ahead. H.R. 4561 seeks to do just that and move
TSA forward in overcoming technology stovepipes that have hindered
state-of-the-art security technology from being integrated into our
Nation's transportation systems in a timely manner.
H.R. 4561 is predicated on the view that, by establishing alternative
avenues to test transportation screening technologies, TSA will be
positioned to introduce innovative security enhancements into
checkpoints sooner, and businesses, regardless of their size, will be
better positioned to compete.
The committee has repeatedly heard from small security manufacturers
about how financially draining it is to wait out TSA testing in the
hopes of a contract. H.R. 4561, if implemented effectively, has the
potential to get innovative technology produced by small businesses in
airport security checkpoints and enhance the effectiveness of TSA's
screening operations.
During consideration of this measure in committee, the majority
accepted amendments offered by committee Democrats to the bill to
ensure that the third-party testing receives scrutiny from the
Government Accountability Office and to build integrity into this new
program.
Given the changes that were made to the legislation in committee and
the potential positive impact this legislation could have on ensuring
innovative technologies are integrated into TSA's security operations,
I urge my colleagues to support H.R. 4561.
Mr. Speaker, I reserve the balance of my time.
Mr. KATKO. Mr. Speaker, I yield 3 minutes to the gentleman from
Florida (Mr. Bilirakis).
Mr. BILIRAKIS. Mr. Speaker, I thank the chairman, my good friend John
Katko, and also the ranking member, my good friend Filo Vela, and also
the chairman, the full chairman of the committee, Mr. McCaul, for their
great work. I really appreciate it.
Mr. Speaker, I rise today in support of my bill, H.R. 4561, Security
Assessment Feasibility for Equipment Testing and Evaluation of
Capabilities for Our Homeland, or the SAFE TECH Act. My legislation
seeks to strengthen the safety of international air travel.
Specifically, this bill provides an avenue for third-party testing of
innovative technology screening capabilities to enhance airport
security. The testing program authorized under this act shall include
evaluating the performance of detecting explosives and other prohibited
items. Additionally, the SAFE TECH Act will look into alternative
testing for other factors, including, health and safety concerns,
operator interference, human error, environmental dynamics,
reliability, and interoperability.
[[Page H38]]
The bill also assesses the feasibility of linking compatible security
technology utilized by the United States and international allies in
order to augment screening checkpoints. The coordinated collaboration
is an essential element of strengthening global security.
Currently, technical standards for safety and operating procedures at
the international airports are set by international agreements.
However, the standards in place are generally broad, leaving potential
vulnerabilities through inconsistencies with international partners.
On a recent congressional delegation trip that I appreciated the
chairman including me on to review screening procedures for inbound
travel to the United States at major EU hubs, I was startled by the
lack of consistency in international standards and gaps in technology
that support precautionary measures to ensure passenger safety.
Today's bill--and I appreciate the work of the committee, and I thank
you for making it an even stronger bill--will address this concern and
improve the safety of our air travel for all passengers. I have always
contended that, if we are not safe, nothing else matters.
The protection and security of our homeland and its citizens is our
responsibility, Mr. Speaker, which is why I introduced the SAFE TECH
Act. We must ensure those entrusted with the care of our citizens have
the best resources and technology available to combat the growing
threat of terrorism.
Passage of this bill today makes air travel safer for everyone
entering the United States and for our citizens, and it represents a
step forward in ensuring the cooperation needed to improve global
security. I urge my colleagues to support this good bill and its
passage in the House.
Mr. VELA. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I would first like to point out that this series of
bills that we have presented today has been worked on in a strong
bipartisan fashion.
I would like to thank Chairman Katko and Ranking Member Watson
Coleman for their strong leadership on this subcommittee, Mr. Bilirakis
for his hard work, and, of course, Chairman McCaul and Ranking Member
Thompson for their leadership on the Homeland Security committee.
On behalf of both Members and staff on this side of the aisle, we
also wish Krista Harvey the best of luck in her future endeavors.
Mr. Speaker, H.R. 4561 is commonsense legislation. This bill promotes
the incorporation of innovative technology in airport screening
capabilities. It does so by requiring DHS to stand up a third-party
testing program to accelerate the evaluation of promising
transportation security technologies, including 3D-imaging computer
tomography, or CT technology.
CT scan technology holds great promise in enhancing the effectiveness
of TSA screening operations insofar as transportation security officers
would have the benefit of seeing a full 3D multicolor image of whatever
the screener is inspecting and getting better detail about any suspect
items.
Presently, TSA is testing a number of systems in the lab and in the
field and has said that it expects to be able to begin deployment of
this new tool to airports by early 2019.
Given the known ongoing terrorist threat posed by electronic devices,
CT technology should be introduced into the airport environment in an
expedited fashion. If done right, the establishment of a third-party
testing program within TSA has the potential of getting innovative
technologies into our transportation security systems quicker and
improving the overall effectiveness of security screening. As such, I
encourage my colleagues to support H.R. 4561.
Mr. Speaker, I yield back the balance of my time.
Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the time is long overdue to apply strong oversight and
reform to the manner in which TSA develops and deploys new screening
technologies across our aviation system.
With persistent threats facing the aviation sector, H.R. 4561 makes
much-needed improvements to the innovation and procurement process at
TSA. I urge my colleagues to support the bill, and I yield back the
balance of my time.
The SPEAKER pro tempore (Mr. Weber of Texas). The question is on the
motion offered by the gentleman from New York (Mr. Katko) that the
House suspend the rules and pass the bill, H.R. 4561, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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