[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]