[House Report 115-776]
[From the U.S. Government Publishing Office]


115th Congress   }                                   {         Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                   {        115-776

======================================================================



 
    TRANSPORTATION SECURITY TECHNOLOGY INNOVATION REFORM ACT OF 2018

                                _______
                                

 June 22, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5730]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5730) to require testing and evaluation of 
advanced transportation security screening technologies related 
to the mission of the Transportation Security Administration, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Congressional Budget Office Estimate.............................     6
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Transportation Security Technology 
Innovation Reform Act of 2018''.

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 Administration.
          (3) Appropriate congressional committee.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
          (4) Department.--The term ``Department'' means the Department 
        of Homeland Security.

SEC. 3. TRANSPORTATION SYSTEMS INTEGRATION FACILITY.

  (a) In General.--There is established in the Administration a 
Transportation Security Administration Systems Integration Facility 
(TSIF) for the purposes of testing and evaluating advanced 
transportation security screening technologies related to the mission 
of the Administration. The TSIF shall--
          (1) evaluate such technologies to enhance the security of 
        transportation systems through screening and threat mitigation 
        and detection;
          (2) conduct testing of such technologies to support 
        identified mission needs of the Administration and to meet 
        requirements for acquisitions and procurement;
          (3) to the extent practicable, provide original equipment 
        manufacturers with test plans to minimize requirement 
        interpretation disputes and adhere to provided test plans;
          (4) collaborate with other technical laboratories and 
        facilities for purposes of augmenting TSIF's capabilities;
          (5) deliver advanced transportation security screening 
        technologies that enhance the overall security of domestic 
        transportation systems; and
          (6) to the extent practicable, provide funding and promote 
        efforts to enable participation by a small business concern (as 
        such term is described under section 3 of the Small Business 
        Act (15 U.S.C. 632)) that has an advanced technology or 
        capability but does not have adequate resources to participate 
        in testing and evaluation processes.
  (b) Staffing and Resource Allocation.--The Administrator shall ensure 
adequate staffing and resource allocations for the TSIF in a manner 
which--
          (1) prevents unnecessary delays in testing and evaluating 
        advanced transportation security screening technologies for 
        acquisitions and procurement determinations;
          (2) ensures the issuance of final paperwork certification 
        does not exceed 45 days after the conclusion of such testing 
        and evaluation; and
          (3) collaborates with technology stakeholders to close 
        capabilities gaps in transportation security.
  (c) Timeframe.--
          (1) In general.--The Administrator shall notify the 
        appropriate congressional committees whenever testing and 
        evaluation by TSIF of an advanced transportation security 
        screening technology under this section exceeds 180 days as 
        determined from the date on which the owner of such technology 
        turned over such technology to the Administration after 
        installation for testing and evaluation purposes, as evidenced 
        by a signed Test Readiness Notification from such owner to the 
        Administration. Such notification shall include--
                  (A) information relating to the arrival date of such 
                technology;
                  (B) reasons why the testing and evaluation process 
                has exceeded 180 days; and
                  (C) an estimated time for completion of such testing 
                and evaluation.
          (2) Retesting and evaluation.--Advanced transportation 
        security screening technology that fails testing and evaluation 
        by the TSIF may be retested and evaluated.
  (d) Relationship to Other Department Entities and Federal Agencies.--
The authority of the Administrator under this title shall not affect 
the authorities or responsibilities of any officer of the Department or 
of any officer of any other department or agency of the United States 
with respect to research, development, testing, and evaluation, 
including the authorities and responsibilities of the Undersecretary 
for Science and Technology of the Department and the Countering Weapons 
of Mass Destruction Office of the Department.

SEC. 4. REVIEW OF TECHNOLOGY ACQUISITIONS PROCESS.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall, in coordination with 
relevant officials of the Department, conduct a review of existing 
advanced transportation security screening technology development, 
acquisitions, and procurement practices within the Administration. Such 
review shall include--
          (1) identifying process delays and bottlenecks within the 
        Department and the Administration regarding how such technology 
        is identified, developed, acquired, and deployed;
          (2) assessing whether the Administration can better leverage 
        existing resources or processes of the Department for the 
        purposes of technology innovation and development;
          (3) assessing whether the Administration can further 
        encourage innovation and competition among technology 
        stakeholders, including through increased participation of and 
        funding for small business concerns (as such term is described 
        under section 3 of the Small Business Act (15 U.S.C. 632));
          (4) identifying best practices of other Department components 
        or United States Government entities; and
          (5) a plan to address problems and challenges identified by 
        such review.
  (b) Briefing.--The Administrator shall provide to the appropriate 
congressional committees a briefing on the findings of the review 
required under this section and a plan to address problems and 
challenges identified by such review.

SEC. 5. ADMINISTRATION ACQUISITIONS AND PROCUREMENT ENHANCEMENT.

  The Administrator shall--
          (1) engage in outreach, coordination, and collaboration with 
        transportation stakeholders to identify and foster innovation 
        of new advanced transportation security screening technologies;
          (2) streamline the overall technology development, testing, 
        evaluation, acquisitions, procurement, and deployment processes 
        of the Administration; and
          (3) ensure the effectiveness and efficiency of such 
        processes.

SEC. 6. ASSESSMENT.

  The Secretary of Homeland Security, in consultation with the Chief 
Privacy Officer of the Department of Homeland Security, shall submit to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a compliance assessment of the Transportation Security 
Administration's acquisition process relating to the health and safety 
risks associated with implementation of screening technologies.

                          Purpose and Summary

    H.R. 5730 authorizes the establishment of the 
Transportation Systems Integration Facility (TSIF) in the 
Transportation Security Administration (TSA). This legislation 
directs the TSIF to test advanced transportation screening 
technologies and streamline the TSA technology procurement 
process. Further, the TSA Administrator is to ensure adequate 
staffing and resource allocation for the TSIF to prevent 
unnecessary delays in testing and evaluation. TSA must notify 
Congress of extended delays in testing of new technology, and 
conduct a review of procurement practices to uncover 
bottlenecks within the process. In addition, the TSA 
Administrator will collaborate with stakeholders to promote 
innovation and the deployment of advanced technologies to meet 
the agency's mission needs and mitigate threats to 
transportation security.

                  Background and Need for Legislation

    The TSA continuously struggles to effectively and 
efficiently test, evaluate, acquire, and deploy new security 
technologies at domestic airports to keep pace with evolving 
threats to transportation security. Through recent oversight, 
the House Committee on Homeland Security identified significant 
bureaucratic inefficiencies within TSA's existing processes 
that prevent technology stakeholders from receiving timely 
testing and evaluation. Since 2009, the GAO consistently cites 
the Department of Homeland Security's technology procurement 
process in their biannual High Risk List. A lack of consistent 
leadership along with longstanding bureaucratic delays fail to 
meet transportation security performance objectives and 
discourage security equipment manufacturers from investing in 
new screening technologies.
    These outdated and under performing procurement processes 
causes TSA to miss opportunities to improve checkpoint 
throughput and overall transportation security. Evolving 
threats to transportation security are not properly mitigated 
without updated technology. This legislation will authorize key 
functions of the Transportation Systems Integration Facility 
(TSIF), enabling the TSA to be more efficient and transparent 
throughout the development and acquisition of new 
transportation security technology.

                                Hearings

    While no hearings were held on H.R. 5730, the Committee 
conducted the following oversight hearings which informed the 
legislation.
    114th Congress
    On October 8, 2015, the Subcommittee on Transportation 
Security held a hearing entitled ``Reform and Improvement: 
Assessing the Path Forward for the Transportation Security 
Administration.'' The Subcommittee received testimony from The 
Honorable John Roth, Inspector General, Office of Inspector 
General, U.S. Department of Homeland Security; and The 
Honorable Peter Neffenger, Administrator, Transportation 
Security Administration, U.S. Department of Homeland Security.
    115th Congress
    On February 2, 2017, the Subcommittee on Transportation and 
Protective Security held a hearing entitled ``The Future of the 
Transportation Security Administration.'' The Subcommittee 
received testimony from Mr. Roger Dow, CEO, U.S. Travel 
Association; Ms. Nina E. Brooks, Head of Security, Airports 
Council International; and Mr. J. David Cox, National 
President, American Federation of Government Employees.
    On April 27, 2017, the Subcommittee on Transportation and 
Protective Security held a hearing entitled ``Checkpoint of the 
Future: Evaluating TSA's Innovation Task Force Initiative'' The 
Subcommittee received testimony from Mr. Steve Karoly, Acting 
Assistant Administrator, Office of Requirements and 
Capabilities Analysis, Transportation Security Administration, 
U.S. Department of Homeland Security; Mr. Roosevelt Council, 
Jr., General Manager, Hatsfield-Jackson Atlanta International 
Airport, Department of Aviation, City of Atlanta, Georgia; Ms. 
Jeanne M. Olivier, A.A.E., Assistant Director, Aviation 
Security & Technology, Security Operations and Programs 
Department, The Port Authority of New York and New Jersey.
    On November 8, 2017, the Full Committee held a hearing 
entitled ``Preventing the Next Attack: TSA's Role in Keeping 
Our Transportation Systems Secure.'' The Committee received 
testimony from Hon. David P. Pekoske, Administrator, 
Transportation Security Administration, U.S. Department of 
Homeland Security.
    On January 18, 2018, the Subcommittee on Transportation and 
Protective Security held a hearing entitled ``Innovation at 
TSA: Examining Threat Mitigation Through Technology 
Acquisitions Reform.'' The Subcommittee received testimony from 
Hon. David P. Pekoske, Administrator, Transportation Security 
Administration, U.S. Department of Homeland Security.

                        Committee Consideration

    The Committee met on June 6, 2018, to consider H.R. 5730, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by unanimous consent. The 
Committee took the following actions:
    The following amendments were offered:
 An amendment Mr. Thompson of Mississippi (#1); was AGREED TO 
by unanimous consent.
     In section 3(a)(4), strike ``and'' after the semicolon at the end.
     In section 3(a)(5), strike the period at the end and insert ``; 
and''.
     In section 3(a), add at the end the following: (6) to the extent 
practicable, provide funding and promote efforts to enable 
participation by a small business concern (as such term is described 
under section 3 of the Small Business Act (15 U.S.C. 632)) that has an 
advanced technology or capability but does not have adequate resources 
to participate in testing and evaluation processes.
     In section 4(a), insert after paragraph (2) the following (and 
make necessary conforming changes): (3) assessing whether the 
Administration can further encourage innovation and competition among 
technology stakeholders, including through increased participation of 
and funding for small business concerns (as such term is described 
under section 3 of the Small Business Act (15 U.S.C. 632));

 An amendment Ms. Jackson Lee (#2); was AGREED TO by unanimous 
consent.
     Add at the end a new section entitled ``Sec. 6. Assessment.''

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R.5730.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
5730, the Transportation Security Technology Innovation Reform 
Act of 2018, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 5730 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation authorizes the establishment of the 
Transportation Security Integration Facility (TSIF) to 
streamline TSA's development, testing, evaluation, 
acquisitions, procurement, and deployment of new advanced 
security screening technologies.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 5730 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 5730 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 5730 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Transportation Security Technology Innovation Reform Act of 
2018''.

Sec. 2.   Definitions.

    This section defines the terms used in this bill including 
`Administration''; ``Administrator''; ``appropriate 
congressional committee'; and ``Department''.

Sec. 3.   Transportation Integration Facility.

    This section authorizes the establishment of the 
Transportation Security Administration Systems Integration 
Facility (TSIF) to test and evaluate advanced transportation 
security screening technologies related to TSA's mission. The 
TSIF will evaluate such technology to enhance the security of 
transportation systems through screening and threat mitigation 
and detection; conduct testing of such technologies to meet 
requirements for acquisitions and procurement; provide original 
equipment manufacturers with test plans to minimize requirement 
interpretation disputes; collaborate with other technical 
laboratories and facilities to augment capabilities; and 
deliver advanced security screening technology that enhances 
overall security of domestic transportation systems. The 
Administrator of the TSA will ensure adequate staffing and 
resources for the TSIF to prevent unnecessary delays, ensure 
that the issuance of final paperwork certification does not 
exceed 45 days, and collaborate with stakeholders to close 
capability gaps in transportation security.
    The Administrator shall notify the appropriate 
congressional committees when testing conducted by the TSIF 
exceeds 180 days from the date the technology was turned over 
to TSIF by the owner. This notification will include: 
information relating to the arrival date of such technology, an 
explanation to clarify the cause of the delay, and an estimated 
time frame for completion. Additionally, any transportation 
security technology that fails testing and evaluation by the 
TSIF may be retested and evaluated.
    The authority given to the Administrator will not affect 
the responsibilities of any other officers within the 
Department of Homeland Security or other agencies within the 
United States government in regards to research, development 
and testing.

Sec. 4.   Review of Technology Acquisitions Process.

    This section requires the Administrator to conduct a review 
of existing advanced transportation security screening 
technology development, acquisitions, and procurement practices 
within the Administration. This review will identify process 
delays and bottlenecks within the TSA's procurement process, 
assess whether the Administrator can allocate resources in a 
more efficient manner, identify best practices of other U.S. 
government entities, and include a plan to address the 
identified problems and challenges.

Sec. 5.   Administration Acquisitions and Procurement Enhancement.

    This section requires the Administrator to engage in 
outreach, coordination, and collaboration with transportation 
stakeholders, streamline the overall technology development, 
testing, evaluation, acquisitions, procurement and deployment 
processes, and ensure the effectiveness and efficiency of such 
processes.

Sec. 6.   Assessment.

    This section requires the Secretary of the Department of 
Homeland Security, in consultation with the Chief Privacy 
Officer of DHS, to submit a compliance assessment of the TSA's 
acquisition process relating to the health and safety risks 
associated with implementation of screening technologies to the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs 
of the Senate.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 5730 makes no changes to existing law.

                                  [all]