text: 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.
target: Security Assessment Feasibility for Equipment Testing and Evaluation of Capabilities for our Homeland Act or the SAFE TECH Act (Sec. 3) This bill directs the Transportation Security Administration (TSA) to develop a program allowing a vendor to obtain performance testing of transportation security screening technology through a third party as an alternative to the TSA's regular testing process.  (Sec. 4) The TSA must develop a process for reciprocal recognition of security standards in coordination with the European Civil Aviation Conference. (Sec. 5) The Government Accountability Office must report on the third-party testing program established by this bill.
feat_title: Security Assessment Feasibility for Equipment Testing and Evaluation of Capabilities for our Homeland Act