Sec. 1911. THIRD PARTY TESTING AND VERIFICATION OF SCREENING TECHNOLOGY
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## SEC. 1911 THIRD PARTY TESTING AND VERIFICATION OF SCREENING TECHNOLOGY **[**[49 U.S.C. 114 note](/us/usc/t49/s114)**]** ###
(a)In General In carrying out the responsibilities under section 114(f)(9), the Administrator shall develop and implement, not later than 1 year after the date of enactment of this Act, a program to enable a vendor of related security screening technology to obtain testing and verification, including as an alternative to the TSA’s test and evaluation process, by an appropriate third party, of such technology before procurement or deployment. ###
(b)Detection Testing ####
(1)In general The third party testing and verification program authorized under subsection
(a)shall include detection testing to evaluate the performance of the security screening technology system regarding the probability of detection, the probability of false alarm, and such other indicators that the system is able to meet the TSA’s mission needs. ####
(2)Results The results of the third party detection testing under paragraph
(1)shall be considered final if the results are approved by the Administration in accordance with approval standards developed by the Administrator. ####
(3)Coordination with final testing To the extent practicable, but without compromising the integrity of the TSA test and evaluation process, the Administrator shall coordinate the third party detection testing under paragraph
(1)with any subsequent, final Federal Government testing. ####
(4)International standards To the extent practicable and permissible under law and considering the national security interests of the United States, the Administrator shall— #####
(A)share detection testing information and standards with appropriate international partners; and #####
(B)coordinate with the appropriate international partners to align TSA testing and evaluation with relevant international standards to maximize the capability to detect explosives and other threats. ###
(c)Operational Testing ####
(1)In general Subject to paragraph (2), the third party testing and verification program authorized under subsection
(a)shall include operational testing. ####
(2)Limitation Third party operational testing under paragraph
(1)may not exceed 1 year. ###
(d)Alternative Third party testing under subsection
(a)shall replace as an alternative, at the discretion of the Administrator, the testing at the TSA Systems Integration Facility, 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. ###
(e)Testing and Verification Framework ####
(1)In general The Administrator shall— #####
(A)establish a framework for the third party testing and for verifying a security technology is operationally effective and able to meet the TSA’s mission needs before it may enter or re-enter, as applicable, the operational context at an airport or other transportation facility; #####
(B)use phased implementation to allow the TSA and the third party to establish best practices; and #####
(C)oversee the third party testing and evaluation framework. ####
(2)Recommendations The Administrator shall request ASAC’s Security Technology Subcommittee, in consultation with representatives of the security manufacturers industry, to develop and submit to the Administrator recommendations for the third party testing and verification framework. ###
(f)Field Testing The Administrator shall prioritize the field testing and evaluation, including by third parties, of security technology and equipment at airports and on site at security technology manufacturers whenever possible as an alternative to the TSA Systems Integration Facility. ###
(g)Appropriate Third Parties ####
(1)Citizenship requirement An appropriate third party under subsection
(a)shall be— #####
(A)if an individual, a citizen of the United States; or #####
(B)if an entity, owned and controlled by a citizen of the United States. ####
(2)Waiver The Administrator may waive the requirement under paragraph (1)(B) if the entity 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 before applying to provide third party testing. The Administrator may reject any application to provide third party testing under subsection
(a)submitted by an entity 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 #####
(B)the vendor of such technology. ###
(h)GAO Review ####
(1)In general Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a study on the third party testing program developed under this section ####
(2)Review The study under paragraph
(1)shall include a review of the following: #####
(A)Any efficiencies or gains in effectiveness achieved in TSA operations, including technology acquisition or screening operations, as a result of such program. #####
(B)The degree to which the TSA conducts timely and regular oversight of the appropriate third parties engaged in such testing. #####
(C)The effect of such program on the following: ######
(i)The introduction of innovative detection technologies into security screening operations. ######
(ii)The availability of testing for technologies developed by small to medium sized businesses. #####
(D)Any vulnerabilities associated with such program, including with respect to the following: ######
(i)National security. ######
(ii)Any conflicts of interest between the appropriate third parties engaged in such testing and the entities providing such technologies to be tested. ######
(iii)Waste, fraud, and abuse.
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Sec. 1911
THIRD PARTY TESTING AND VERIFICATION OF SCREENING TECHNOLOGY
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