IIB 
115TH CONGRESS 
2D SESSION 
H. R. 6459 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 5, 2018 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To amend the Homeland Security Act of 2002 to require 
a strategy to diversify the technology stakeholder market-
place regarding the acquisition by the Transportation 
Security Administration of security screening tech-
nologies, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘TSA Opportunities to 
Pursue Expanded Networks for Business Act’’ or the 
‘‘TSA OPEN for Business Act’’. 
SEC. 2. STRATEGY. 
(a) IN GENERAL.—Subtitle B of title XVI of the 
Homeland Security Act of 2002 (6 U.S.C. 563 et seq.) 
is amended by adding at the end following new section: 
‘‘SEC. 1617. DIVERSIFIED TECHNOLOGY STAKEHOLDER 
MARKETPLACE. 
‘‘(a) IN GENERAL.—Not later than 120 days after 
the date of the enactment of this section, the Adminis-
trator shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a strategy to diversify the technology stakeholder market-
place that the Administrator relies upon to acquire secu-
rity screening technologies, including by increased partici-
pation of small business innovators. 
‘‘(b) CONTENTS.—The strategy required under sub-
section (a) shall include the following: 
‘‘(1) Information on how Administration solici-
tation, testing, evaluation, piloting, acquisition, and 
procurement processes impact the Administrator’s 
ability to acquire from a technology stakeholder, in-
cluding a small business innovator, that has not pre-
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viously provided technology to the Administration, 
an innovative technology or capability with the po-
tential to enhance transportation security. 
‘‘(2) Specific actions that the Administrator will 
take, including modifications to the processes de-
scribed in paragraph (1), to foster diversification 
within the technology stakeholder marketplace, to-
gether with information on projected timelines for 
such actions. 
‘‘(3) Plans for how the Administrator may, to 
the extent practicable, assist a small business inno-
vator at certain points in such processes, including 
when such an innovator lacks adequate resources to 
participate in such processes, to help ensure that an 
advanced technology or capability can be developed 
and acquired by the Administrator. 
‘‘(4) A feasibility assessment of partnering with 
an organization described in section 501(c)(3) of the 
Internal Revenue Code of 1986 and exempt from tax 
under section 501(a) of such Code to help provide 
venture capital to businesses, particularly small busi-
ness innovators, for commercialization of innovative 
homeland security technologies that are expected to 
be ready for commercialization in the near term and 
within 36 months. In conducting such feasibility as-
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sessment, the Administrator shall consider the fol-
lowing: 
‘‘(A) Establishing an organization de-
scribed in section 501(c)(3) of the Internal Rev-
enue Code of 1986 and exempt from tax under 
section 501(a) of such Code, modeled after the 
In-Q-tel program, as a venture capital partner-
ship between the private sector and the intel-
ligence community to help businesses, particu-
larly small business innovators, commercialize 
innovative security-related technologies. 
‘‘(B) 
Enhanced 
engagement, 
either 
through the Science and Technology Direc-
torate of the Department of Homeland Security 
or directly, with the In-Q-tel program described 
in subparagraph (A). 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as requiring changes to the Trans-
portation Security Administration standards for security 
technology. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) INTELLIGENCE
COMMUNITY.—The term 
‘intelligence community’ has the meaning given such 
term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 3003(4)). 
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‘‘(2) SMALL
BUSINESS
CONCERN.—The term 
‘small business concern’ has the meaning described 
under section 3 of the Small Business Act (15 
U.S.C. 632). 
‘‘(3) SMALL BUSINESS INNOVATOR.—The term 
‘small business innovator’ means a stakeholder that 
is a small business concern that has an advanced 
transportation security technology or capability.’’. 
(b) COMPTROLLER GENERAL REVIEW.—Not later 
than one year after the submission of the strategy required 
under section 1617 of the Homeland Security Act of 2002 
(as added by subsection (a)), 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 review of the extent to which such strategy 
addresses the requirements of such section, has resulted 
in increased participation of small business innovators in 
the technology stakeholder marketplace, and has resulted 
in a diversification of the marketplace. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
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amended by inserting after the item relating to section 
1616 the following new item: 
‘‘Sec. 1617. Diversified technology stakeholder marketplace.’’. 
Passed the House of Representatives September 4, 
2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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