886 
et seq.): Provided further, That the Secretary shall publish 
via notice in the Federal Register any waiver, or alternative 
requirement, to any statute or regulation that the Secretary 
administers pursuant to title I of the Housing and Commu-
nity Development Act of 1974 no later than 5 days before 
the effective date of such waiver or alternative requirement: 
Provided further, That of the amounts made available 
under this heading, up to $2,500,000 may be transferred, 
in aggregate, to ‘‘Department of Housing and Urban Devel-
opment—Program Office Salaries and Expenses—Commu-
nity Planning and Development’’ for necessary costs, in-
cluding information technology costs, of administering and 
overseeing the obligation and expenditure of amounts under 
this heading: Provided further, That such amount is des-
ignated by the Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985: Pro-
vided further, That the amount designated under this head-
ing as an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 shall be available only if the 
President subsequently so designates such amount and 
transmits such designation to the Congress.
887 
SEC. 1701. BUDGETARY EFFECTS. 
(a) STATUTORY PAYGO SCORECARDS.—The budg-
etary effects of this division shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of 
the Statutory Pay As-You-Go Act of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary ef-
fects of this division shall not be entered on any PAYGO 
scorecard maintained for purposes of section 4106 of H. 
Con. Res. 71 (115th Congress). 
(c) CLASSIFICATION OF BUDGETARY EFFECTS.— Not-
withstanding Rule 3 of the Budget Scorekeeping Guidelines 
set forth in the joint explanatory statement of the committee 
of conference accompanying Conference Report 105–217 
and section 250(c)(7) and (c)(8) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, the budgetary 
effects of this division shall be estimated for purposes of sec-
tion 251 of such Act. 
This division may be cited as the ‘‘Supplemental Ap-
propriations for Disaster Relief Act, 2018’’. 
DIVISION J—MARITIME 
SECURITY 
SEC. 1801. SHORT TITLE. 
This division may be cited as the ‘‘Maritime Security 
Improvement Act of 2018’’. 
SEC. 1802. DEFINITIONS. 
In this division:
888 
(1) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(C) the Committee on Homeland Security of 
the House of Representatives; and 
(D) the Committee on Transportation and 
Infrastructure of the House of Representatives. 
(2) TSA.—The term ‘‘TSA’’ means the Trans-
portation Security Administration. 
SEC. 1803. COORDINATION WITH TSA ON MARITIME FACILI-
TIES. 
The Secretary of Homeland Security shall— 
(1) provide the Administrator of the TSA with 
updates to vulnerability assessments required under 
section 70102(b)(3) of title 46, United States Code, to 
avoid any duplication of effort between the Coast 
Guard and the TSA; and 
(2) identify any security gaps between authori-
ties of operating entities within the Department of 
Homeland Security that a threat could exploit to
889 
cause a transportation security incident (as defined 
in section 70101 of title 46, United States Code). 
SEC. 1804. STRATEGIC PLAN TO ENHANCE THE SECURITY 
OF THE INTERNATIONAL SUPPLY CHAIN. 
Section 201 of the Security and Accountability for 
Every Port Act of 2006 (6 U.S.C. 941) is amended— 
(1) in subsection (a), by striking ‘‘as appro-
priate’’ and inserting ‘‘triennially’’; and 
(2) in subsection (g)— 
(A) in the heading, by striking ‘‘REPORT’’ 
and inserting ‘‘REPORTS’’; and 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) UPDATES.—Not later than 270 days after 
the date of enactment of the Maritime Security Im-
provement Act of 2018 and triennially thereafter, the 
Secretary shall submit to the appropriate congres-
sional committees a report that contains any updates 
to the strategic plan under subsection (a) since the 
prior report.’’. 
SEC. 1805. CYBERSECURITY INFORMATION SHARING AND 
COORDINATION IN PORTS. 
(a) MARITIME CYBERSECURITY RISK ASSESSMENT 
MODEL.—The Secretary of Homeland Security, through the 
Commandant of the Coast Guard and the Under Secretary
890 
responsible for overseeing the critical infrastructure protec-
tion, cybersecurity, and other related programs of the De-
partment of Homeland Security, shall— 
(1) not later than 1 year after the date of enact-
ment of this Act, coordinate with the National Mari-
time Security Advisory Committee, the Area Mari-
time Security Advisory Committees, and other mari-
time stakeholders, as necessary, to develop and imple-
ment a maritime cybersecurity risk assessment model, 
consistent with the activities described in section 2(e) 
of the National Institute of Standards and Technology 
Act (15 U.S.C. 272(e)), to evaluate current and future 
cybersecurity risks that have the potential to affect the 
marine transportation system or that would cause a 
transportation security incident (as defined in section 
70101 of title 46, United States Code) in ports; and 
(2) not less than biennially thereafter, evaluate 
the effectiveness of the cybersecurity risk assessment 
model established under paragraph (1). 
(b) PORT SECURITY; DEFINITIONS.—Section 70101 of 
title 46, United States Code, is amended— 
(1) by redesignating paragraphs (2) through (6) 
as paragraphs (3) through (7), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing:
891 
‘‘(2) The term ‘cybersecurity risk’ has the mean-
ing given the term in section 227 of the Homeland 
Security Act of 2002 (6 U.S.C. 148).’’. 
(c) NATIONAL MARITIME SECURITY ADVISORY COM-
MITTEE.— 
(1) FUNCTIONS.—Section 70112(a)(1)(A) of title 
46, United States Code, is amended by inserting be-
fore the semicolon the following: ‘‘, including on en-
hancing the sharing of information related to cyberse-
curity risks that may cause a transportation security 
incident, between relevant Federal agencies and— 
‘‘(i) State, local, and tribal govern-
ments; 
‘‘(ii) relevant public safety and emer-
gency response agencies; 
‘‘(iii) relevant law enforcement and se-
curity organizations; 
‘‘(iv) maritime industry; 
‘‘(v) port owners and operators; and 
‘‘(vi) terminal owners and operators;’’. 
(2) INFORMATION SHARING.—The Commandant 
of the Coast Guard and the Under Secretary respon-
sible for overseeing the critical infrastructure protec-
tion, cybersecurity, and other related programs of the 
Department of Homeland Security shall—
892 
(A) ensure there is a process for each Area 
Maritime Security Advisory Committee estab-
lished under section 70112 of title 46, United 
States Code— 
(i) to facilitate the sharing of informa-
tion related to cybersecurity risks that may 
cause transportation security incidents; 
(ii) to timely report transportation se-
curity incidents to the national level; and 
(iii) to disseminate such reports across 
the entire maritime transportation system 
via the National Cybersecurity and Com-
munications Integration Center; and 
(B) issue voluntary guidance for the man-
agement of such cybersecurity risks in each Area 
Maritime Transportation Security Plan and fa-
cility security plan required under section 70103 
of title 46, United States Code, approved after 
the date that the cybersecurity risk assessment 
model is developed under subsection (a) of this 
section. 
(d) VULNERABILITY ASSESSMENTS
AND SECURITY 
PLANS.—
893 
(1) FACILITY AND VESSEL ASSESSMENTS.—Sec-
tion 70102(b)(1) of title 46, United States Code, is 
amended— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘and by not later than December 
31, 2004’’; and 
(B) in subparagraph (C), by inserting ‘‘se-
curity against cybersecurity risks,’’ after ‘‘phys-
ical security,’’. 
(2) 
MARITIME
TRANSPORTATION
SECURITY 
PLANS.—Section 70103 of title 46, United States 
Code, is amended— 
(A) in subsection (a)(1), by striking ‘‘Not 
later than April 1, 2005, the’’ and inserting 
‘‘The’’; 
(B) in subsection (a)(2), by adding at the 
end the following: 
‘‘(K) A plan to detect, respond to, and re-
cover from cybersecurity risks that may cause 
transportation security incidents.’’; 
(C) in subsection (b)(2)— 
(i) in subparagraph (G)(ii), by strik-
ing ‘‘; and’’ and inserting a semicolon; 
(ii) by redesignating subparagraph 
(H) as subparagraph (I); and
894 
(iii) by inserting after subparagraph 
(G) the following: 
‘‘(H) include a plan for detecting, respond-
ing to, and recovering from cybersecurity risks 
that may cause transportation security inci-
dents; and’’; and 
(D) in subsection (c)(3)(C)— 
(i) in clause (iv), by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) by redesignating clause (v) as 
clause (vi); and 
(iii) by inserting after clause (iv) the 
following: 
‘‘(v) detecting, responding to, and re-
covering from cybersecurity risks that may 
cause transportation security incidents; 
and’’. 
(3) APPLICABILITY.—The amendments made by 
this subsection shall apply to assessments or security 
plans, or updates to such assessments or plans, sub-
mitted after the date that the cybersecurity risk as-
sessment model is developed under subsection (a). 
(e) BRIEF TO CONGRESS.—Not later than 1 year after 
the date of enactment of this Act, the Commandant of the 
Coast Guard and the Under Secretary responsible for over-
895 
seeing the critical infrastructure protection, cybersecurity, 
and other related programs of the Department of Homeland 
Security shall provide to the appropriate committees of 
Congress a briefing on how the Coast Guard will assist in 
security and response in the port environment when a 
cyber-caused transportation security incident occurs, to in-
clude the use of cyber protection teams. 
SEC. 1806. FACILITY INSPECTION INTERVALS. 
Section 70103(c)(4)(D) of title 46, United States Code, 
is amended to read as follows: 
‘‘(D) subject to the availability of appro-
priations, periodically, but not less than one 
time per year, conduct a risk-based, no notice fa-
cility inspection to verify the effectiveness of each 
such facility security plan.’’. 
SEC. 1807. UPDATES OF MARITIME OPERATIONS COORDINA-
TION PLAN . 
(a) IN GENERAL.—Subtitle C of title IV of the Home-
land Security Act of 2002 (6 U.S.C. 231 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 435. MARITIME OPERATIONS COORDINATION PLAN. 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of the Maritime Security Improvement 
Act of 2018, and biennially thereafter, the Secretary shall—
896 
‘‘(1) update the Maritime Operations Coordina-
tion Plan, published by the Department on July 7, 
2011, to strengthen coordination, planning, informa-
tion sharing, and intelligence integration for mari-
time operations of components and offices of the De-
partment with responsibility for maritime security 
missions; and 
‘‘(2) submit each update to the Committee on 
Commerce, Science, and Transportation and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate and the Committee on Transpor-
tation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives. 
‘‘(b) CONTENTS.—Each update shall address the fol-
lowing: 
‘‘(1) Coordinating the planning, integration of 
maritime operations, and development of joint mari-
time domain awareness efforts of any component or 
office of the Department with responsibility for mari-
time security missions. 
‘‘(2) Maintaining effective information sharing 
and, as appropriate, intelligence integration, with 
Federal, State, and local officials and the private sec-
tor, regarding threats to maritime security.
897 
‘‘(3) Cooperating and coordinating with Federal 
departments and agencies, and State and local agen-
cies, in the maritime environment, in support of mar-
itime security missions. 
‘‘(4) Highlighting the work completed within the 
context of other national and Department maritime 
security strategic guidance and how that work fits 
with the Maritime Operations Coordination Plan.’’. 
(b) TABLE OF CONTENTS.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public 
Law 107–296; 116 Stat. 2136) is amended by adding after 
the item relating to section 434 the following: 
‘‘435. Maritime operations coordination plan.’’. 
SEC. 1808. EVALUATION OF COAST GUARD DEPLOYABLE 
SPECIALIZED FORCES. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Commerce, 
Science, and Transportation and the Committee on Home-
land Security and Governmental Affairs of the Senate and 
the Committee on Transportation and Infrastructure and 
the Committee on Homeland Security of the House of Rep-
resentatives a report on the state of the Coast Guard’s 
Deployable Specialized Forces (referred to in this section 
as DSF).
898 
(b) CONTENTS.—The report shall include, at a min-
imum, the following: 
(1) For each of the past 3 fiscal years, and for 
each type of DSF, the following: 
(A) A cost analysis, including training, op-
erating, and travel costs. 
(B) The number of personnel assigned. 
(C) The total number of units. 
(D) The total number of operations con-
ducted. 
(E) The number of operations requested by 
each of the following: 
(i) Coast Guard. 
(ii) Other components or offices of the 
Department of Homeland Security. 
(iii) Other Federal departments or 
agencies. 
(iv) State agencies. 
(v) Local agencies. 
(F) The number of operations fulfilled in 
support of each entity described in clauses (i) 
through (v) of subparagraph (E). 
(2) An examination of alternative distributions 
of deployable specialized forces, including the feasi-
bility, cost (including cost savings), and impact on
899 
mission capability of such distributions, including at 
a minimum the following: 
(A) Combining deployable specialized forces, 
primarily focused on counterdrug operations, 
under one centralized command. 
(B) Distributing counter-terrorism and 
anti-terrorism capabilities to deployable special-
ized forces in each major United States port. 
(c) 
DEFINITION
OF
DEPLOYABLE
SPECIALIZED 
FORCES OR DSF.—In this section, the term ‘‘deployable 
specialized forces’’ or ‘‘DSF’’ means the deployable special-
ized forces established under section 70106 of title 46, 
United States Code. 
SEC. 1809. REPEAL OF INTERAGENCY OPERATIONAL CEN-
TERS FOR PORT SECURITY AND SECURE SYS-
TEMS OF TRANSPORTATION. 
(a) INTERAGENCY OPERATIONAL CENTERS FOR PORT 
SECURITY.— 
(1) REPEAL.—Section 70107A of title 46, United 
States Code, is repealed. 
(2) SAVINGS CLAUSE.—A repeal made by this 
subsection shall not affect an interagency operational 
center established before the date of enactment of this 
Act.
900 
(3) NOTICE
TO
CONGRESS.—The Secretary of 
Homeland Security shall notify the Committee on 
Commerce, Science, and Transportation of the Senate 
and the Committee on Homeland Security and the 
Committee on Transportation and Infrastructure of 
the House of Representatives at least 1 year before 
ceasing operations of any interagency operational 
center established before the date of enactment of the 
Security and Accountability for Every Port Act of 
2006 (Public Law 109–347; 120 Stat. 1884). 
(b) SECURE SYSTEMS OF TRANSPORTATION.—Section 
70116 of title 46, United States Code, is repealed. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents 
for chapter 701 of title 46, United States Code, is 
amended by striking the items relating to sections 
70107A and 70116. 
(2) REPORT REQUIREMENT.—Section 108 of the 
Security and Accountability for Every Port Act of 
2006 (Public Law 109–347; 120 Stat. 1893) is 
amended by striking subsection (b) (46 U.S.C. 
70107A note) and inserting the following: 
‘‘(b) [Reserved].’’.
901 
SEC. 1810. DUPLICATION OF EFFORTS IN THE MARITIME 
DOMAIN. 
(a) GAO ANALYSIS.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General of 
the United States shall— 
(1) conduct an analysis of all operations in the 
applicable location of— 
(A) the Air and Marine Operations of the 
U.S. Customs and Border Protection; and 
(B) any other agency of the Department of 
Homeland Security that operates air and ma-
rine assets; 
(2) in conducting the analysis under paragraph 
(1)— 
(A) examine the extent to which the Air and 
Marine 
Operations 
is 
synchronizing 
and 
deconflicting any duplicative flight hours or pa-
trols with the agencies described in paragraph 
(1)(B); and 
(B) include a sector-by-sector analysis of 
any potential costs savings or other benefits that 
would be derived through greater coordination of 
flight hours and patrols; and 
(3) submit to the Secretary of Homeland Secu-
rity and the appropriate committees of Congress a re-
port on the analysis, including any recommendations.
902 
(b) DHS REPORT.—Not later than 180 days after the 
date the report is submitted under subsection (a)(3), the 
Secretary of Homeland Security shall submit to the appro-
priate committees of Congress a report on what actions the 
Secretary plans to take in response to the findings of the 
analysis and recommendations of the Comptroller General. 
(c) DEFINITION OF APPLICABLE LOCATION.—In this 
section, the term ‘‘applicable location’’ means any location 
in which the Air and Marine Operations of the U.S. Cus-
toms and Border Protection is based within 45 miles of a 
location in which any other agency of the Department of 
Homeland Security also operates air and marine assets. 
SEC. 1811. MARITIME SECURITY CAPABILITIES ASSESS-
MENTS. 
(a) IN GENERAL.—Subtitle C of title IV of the Home-
land Security Act of 2002 (6 U.S.C. 231 et seq.), as amend-
ed by section 1807 of this Act, is further amended by adding 
at the end the following: 
‘‘SEC. 436. MARITIME SECURITY CAPABILITIES ASSESS-
MENTS. 
‘‘Not later than 180 days after the date of enactment 
of the Maritime Security Improvement Act of 2018, and 
annually thereafter, the Secretary shall submit to the Com-
mittee on Commerce, Science, and Transportation and the 
Committee on Homeland Security and Governmental Af-
903 
fairs of the Senate and the Committee on Transportation 
and Infrastructure and the Committee on Homeland Secu-
rity of the House of Representatives, an assessment of the 
number and type of maritime assets and the number of per-
sonnel required to increase the Department’s maritime re-
sponse rate pursuant to section 1092 of the National De-
fense Authorization Act for Fiscal Year 2017 (6 U.S.C. 
223).’’. 
(b) TABLE OF CONTENTS.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public 
Law 107–296; 116 Stat. 2136), as amended by section 1807 
of this Act, is further amended by adding after the item 
relating to section 435 the following: 
‘‘436. Maritime security capabilities assessments.’’. 
SEC. 1812. CONTAINER SECURITY INITIATIVE. 
Section 205(l) of the Security and Accountability for 
Every Port Act of 2006 (6 U.S.C. 945) is amended— 
(1) by striking paragraph (2); and 
(2) in paragraph (1)— 
(A) by striking ‘‘(1) IN
GENERAL.—Not 
later than September 30, 2007,’’ and inserting 
‘‘Not later than 270 days after the date of enact-
ment of the Maritime Security Improvement Act 
of 2018,’’; and
904 
(B) by redesignating subparagraphs (A) 
through (H) as paragraphs (1) through (8), re-
spectively. 
SEC. 1813. MARITIME BORDER SECURITY REVIEW. 
(a) DEFINITIONS.—In this section: 
(1) MARITIME
BORDER.—The term ‘‘maritime 
border’’ means— 
(A) the transit zone; and 
(B) the borders and territorial waters of 
Puerto Rico and the United States Virgin Is-
lands. 
(2) TRANSIT
ZONE.—The term ‘‘transit zone’’ 
has the meaning given the term in section 1092(a) of 
the National Defense Authorization Act for Fiscal 
Year 2017 (6 U.S.C. 223(a)). 
(b) MARITIME BORDER THREAT ANALYSIS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of 
Homeland Security shall submit to the appropriate 
committees of Congress a maritime border threat 
analysis that includes an identification and descrip-
tion of the following: 
(A) Current and potential threats posed by 
the individuals and groups seeking to—
905 
(i) enter the United States through the 
maritime border; or 
(ii) exploit border vulnerabilities on 
the maritime border. 
(B) Improvements needed at United States 
sea ports— 
(i) to prevent terrorists and instru-
ments of terror from entering the United 
States; and 
(ii) to reduce criminal activity, as 
measured by the total flow of illegal goods 
and illicit drugs, related to the maritime 
border. 
(C) Improvements needed with respect to the 
maritime border— 
(i) to prevent terrorists and instru-
ments of terror from entering the United 
States; and 
(ii) reduce criminal activity related to 
the maritime border. 
(D) Vulnerabilities in law, policy, coopera-
tion between State, territorial, and local law en-
forcement, or international agreements that 
hinder effective and efficient border security, 
counterterrorism, anti-human trafficking efforts,
906 
and the flow of legitimate trade with respect to 
the maritime border. 
(E) Metrics and performance parameters 
used by the Department of Homeland Security to 
evaluate maritime security effectiveness, as ap-
propriate. 
(2) ANALYSIS
REQUIREMENTS.—In preparing 
the threat analysis under subsection (a), the Secretary 
of Homeland Security shall consider the following: 
(A) Technology needs and challenges. 
(B) Personnel needs and challenges. 
(C) The role of State, territorial, and local 
law enforcement in maritime border security ac-
tivities. 
(D) The need for cooperation among Fed-
eral, State, territorial, local, and appropriate 
international law enforcement entities relating to 
maritime border security. 
(E) The geographic challenges of the mari-
time border. 
(F) The impact of Hurricanes Harvey, 
Irma, Maria, and Nate on general border secu-
rity activities with respect to the maritime bor-
der. 
(3) CLASSIFIED THREAT ANALYSIS.—
907 
(A) IN GENERAL.—To the extent possible, 
the Secretary of Homeland Security shall submit 
the threat analysis under subsection (a) in un-
classified form. 
(B) CLASSIFIED.—The Secretary may sub-
mit a portion of the threat analysis in classified 
form if the Secretary determines that such form 
is appropriate for such portion. 
SEC. 1814. MARITIME BORDER SECURITY COOPERATION. 
The Secretary of the department in which the Coast 
Guard is operating shall, in accordance with law— 
(1) partner with other Federal, State, and local 
government agencies to leverage existing technology, 
including existing sensor and camera systems and 
other sensors, in place along the maritime border to 
facilitate monitoring of high-risk maritime borders, 
as determined by the Secretary; and 
(2) subject to the availability of appropriations, 
enter into such agreements as the Secretary considers 
necessary to ensure the monitoring described in para-
graph (1). 
SEC. 1815. TRANSPORTATION WORKER IDENTIFICATION 
CREDENTIAL APPEALS PROCESS. 
Not later than 90 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall transmit
908 
to the appropriate committees of Congress a report on the 
following: 
(1) The average completion time of an appeal 
under the appeals process established under section 
70105(c)(4) of title 46, United States Code. 
(2) The most common reasons for any delays at 
each step in such process. 
(3) Recommendations on how to resolve any such 
delays as expeditiously as possible. 
SEC. 1816. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) STUDY TO IDENTIFY REDUNDANT BACKGROUND 
RECORDS CHECKS.—Section 105 of the Security and Ac-
countability for Every Port Act of 2006 (Public Law 109– 
347; 120 Stat. 1891) and the item relating to that section 
in the table of contents for that Act are repealed. 
(b) DOMESTIC RADIATION DETECTION
AND IMAG-
ING.—Section 121 of the Security and Accountability for 
Every Port Act of 2006 (6 U.S.C. 921) is amended— 
(1) by striking subsections (c), (d), and (e); 
(2) by redesignating subsections (f), (g), (h), and 
(i) as subsections (c), (d), (e), and (f), respectively; 
and 
(3) in subsection (e)(1)(B), as redesignated, by 
striking ‘‘(and updating, if any, of that strategy 
under subsection (c))’’.
909 
(c) INSPECTION OF CAR FERRIES ENTERING FROM 
ABROAD.—Section 122 of the Security and Accountability 
for Every Port Act of 2006 (6 U.S.C. 922) and the item 
relating to that section in the table of contents for that Act 
are repealed. 
(d) REPORT ON ARRIVAL AND DEPARTURE MANIFEST 
FOR CERTAIN COMMERCIAL VESSELS
IN
THE UNITED 
STATES VIRGIN ISLANDS.—Section 127 of the Security and 
Accountability for Every Port Act of 2006 (120 Stat. 1900) 
and the item relating to that section in the table of contents 
for that Act are repealed. 
(e) INTERNATIONAL COOPERATION
AND COORDINA-
TION.— 
(1) IN GENERAL.—Section 233 of the Security 
and Accountability for Every Port Act of 2006 (6 
U.S.C. 983) is amended to read as follows: 
‘‘SEC. 233. INSPECTION TECHNOLOGY AND TRAINING. 
‘‘(a) IN GENERAL.—The Secretary, in coordination 
with the Secretary of State, the Secretary of Energy, and 
appropriate representatives of other Federal agencies, may 
provide technical assistance, equipment, and training to fa-
cilitate the implementation of supply chain security meas-
ures at ports designated under the Container Security Ini-
tiative.
910 
‘‘(b) ACQUISITION AND TRAINING.—Unless otherwise 
prohibited by law, the Secretary may— 
‘‘(1) lease, loan, provide, or otherwise assist in 
the deployment of nonintrusive inspection and radi-
ation detection equipment at foreign land and sea 
ports under such terms and conditions as the Sec-
retary prescribes, including nonreimbursable loans or 
the transfer of ownership of equipment; and 
‘‘(2) provide training and technical assistance 
for domestic or foreign personnel responsible for oper-
ating or maintaining such equipment.’’. 
(2) TABLE OF CONTENTS.—The table of contents 
in section 1(b) of the Security and Accountability for 
Every Port Act of 2006 (Public Law 109–347; 120 
Stat. 1884) is amended by amending the item relat-
ing to section 233 to read as follows: 
‘‘Sec. 233. Inspection technology and training.’’. 
(f) PILOT PROGRAM TO IMPROVE THE SECURITY OF 
EMPTY CONTAINERS.—Section 235 of the Security and Ac-
countability for Every Port Act of 2006 (6 U.S.C. 984) and 
the item relating to that section in the table of contents for 
that Act are repealed. 
(g) SECURITY PLAN FOR ESSENTIAL AIR SERVICE AND 
SMALL COMMUNITY AIRPORTS.—Section 701 of the Secu-
rity and Accountability for Every Port Act of 2006 (Public
911 
Law 109–347; 120 Stat. 1943) and the item relating to that 
section in the table of contents for that Act are repealed. 
(h) AIRCRAFT CHARTER CUSTOMER
AND LESSEE 
PRESCREENING PROGRAM.—Section 708 of the Security 
and Accountability for Every Port Act of 2006 (Public Law 
109–347; 120 Stat. 1947) and the item relating to that sec-
tion in the table of contents for that Act are repealed. 
DIVISION K—TRANSPORTATION 
SECURITY 
TITLE I—TRANSPORTATION 
SECURITY 
SEC. 1901. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘TSA Modernization Act’’. 
(b) REFERENCES
TO TITLE 49, UNITED STATES 
CODE.—Except as otherwise expressly provided, wherever 
in this title an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 49, United States Code. 
SEC. 1902. DEFINITIONS. 
In this title: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the TSA.
912 
(2) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(C) the Committee on Homeland Security of 
the House of Representatives. 
(3) ASAC.—The term ‘‘ASAC’’ means the Avia-
tion Security Advisory Committee established under 
section 44946 of title 49, United States Code. 
(4) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(5) EXPLOSIVE DETECTION CANINE TEAM.—The 
term ‘‘explosives detection canine team’’ means a ca-
nine and a canine handler that are trained to detect 
explosives and other threats as defined by the Sec-
retary. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(7) TSA.—The term ‘‘TSA’’ means the Trans-
portation Security Administration.
913 
Subtitle A—Organization and 
Authorizations 
SEC. 1903. AUTHORIZATION OF APPROPRIATIONS. 
Section 114(w) is amended to read as follows: 
‘‘(w) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Transportation Se-
curity Administration for salaries, operations, and mainte-
nance of the Administration— 
‘‘(1) $7,849,247,000 for fiscal year 2019; 
‘‘(2) $7,888,494,000 for fiscal year 2020; and 
‘‘(3) $7,917,936,000 for fiscal year 2021.’’. 
SEC. 1904. ADMINISTRATOR OF THE TRANSPORTATION SE-
CURITY ADMINISTRATION; 5-YEAR TERM. 
(a) IN GENERAL.—Section 114, as amended by section 
1903 of this Act, is further amended— 
(1) in subsection (a), by striking ‘‘Department of 
Transportation’’ 
and 
inserting 
‘‘Department 
of 
Homeland Security’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) LEADERSHIP.— 
‘‘(1) HEAD OF TRANSPORTATION SECURITY AD-
MINISTRATION.— 
‘‘(A) APPOINTMENT.—The head of the Ad-
ministration shall be the Administrator of the
914 
Transportation Security Administration (re-
ferred to in this section as the ‘Administrator’). 
The Administrator shall be appointed by the 
President, by and with the advice and consent of 
the Senate. 
‘‘(B) QUALIFICATIONS.—The Administrator 
must— 
‘‘(i) be a citizen of the United States; 
and 
‘‘(ii) have experience in a field directly 
related to transportation or security. 
‘‘(C) TERM.—Effective with respect to any 
individual appointment by the President, by and 
with the advice and consent of the Senate, after 
the date of enactment of the TSA Modernization 
Act, the term of office of an individual appointed 
as the Administrator shall be 5 years. The term 
of office of an individual serving as the Adminis-
trator on the date of enactment of the TSA Mod-
ernization Act shall be 5 years beginning on the 
date that the Administrator began serving. 
‘‘(2) DEPUTY ADMINISTRATOR.— 
‘‘(A) APPOINTMENT.—There is established 
in the Transportation Security Administration a 
Deputy Administrator, who shall assist the Ad-
915 
ministrator in the management of the Transpor-
tation Security Administration. The Deputy Ad-
ministrator shall be appointed by the President. 
‘‘(B) VACANCY.—The Deputy Administrator 
shall be Acting Administrator during the absence 
or incapacity of the Administrator or during a 
vacancy in the office of Administrator. 
‘‘(C) QUALIFICATIONS.—The Deputy Ad-
ministrator must— 
‘‘(i) be a citizen of the United States; 
and 
‘‘(ii) have experience in a field directly 
related to transportation or security. 
‘‘(3) CHIEF COUNSEL.— 
‘‘(A) APPOINTMENT.—There is established 
in the Transportation Security Administration a 
Chief Counsel, who shall advise the Adminis-
trator and other senior officials on all legal mat-
ters relating to the responsibilities, functions, 
and management of the Transportation Security 
Administration. 
‘‘(B) QUALIFICATIONS.—The Chief Counsel 
must be a citizen of the United States.’’; and
916 
(3) in subsections (c) through (n), (p), (q), and 
(r), by striking ‘‘Under Secretary’’ each place it ap-
pears and inserting ‘‘Administrator’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Section 114, as amended by 
subsection (a) of this section, is further amended— 
(A) in subsection (g)— 
(i) in paragraph (1)— 
(I) in the matter preceding sub-
paragraph (A), by striking ‘‘Subject to 
the direction and control of the Sec-
retary’’ and inserting ‘‘Subject to the 
direction and control of the Secretary 
of Homeland Security’’; and 
(II) in subparagraph (D), by in-
serting ‘‘of Homeland Security’’ after 
‘‘Secretary’’; and 
(ii) in paragraph (3), by inserting ‘‘of 
Homeland Security’’ after ‘‘Secretary’’; 
(B) in subsection (j)(1)(D), by inserting ‘‘of 
Homeland Security’’ after ‘‘Secretary’’; 
(C) in subsection (k), by striking ‘‘functions 
transferred, on or after the date of enactment of 
the Aviation and Transportation Security Act,’’ 
and inserting ‘‘functions assigned’’;
917 
(D) in subsection (l)(4)(B), by striking ‘‘Ad-
ministrator under subparagraph (A)’’ and in-
serting ‘‘Administrator of the Federal Aviation 
Administration under subparagraph (A)’’; 
(E) in subsection (n), by striking ‘‘Depart-
ment of Transportation’’ and inserting ‘‘Depart-
ment of Homeland Security’’; 
(F) in subsection (o), by striking ‘‘Depart-
ment of Transportation’’ and inserting ‘‘Depart-
ment of Homeland Security’’; 
(G) in subsection (p)(4), by striking ‘‘Sec-
retary of Transportation’’ and inserting ‘‘Sec-
retary of Homeland Security’’; 
(H) in subsection (s)— 
(i) in paragraph (3)(B), by inserting 
‘‘)’’ after ‘‘Act of 2007’’; and 
(ii) in paragraph (4)— 
(I) in the heading, by striking 
‘‘SUBMISSIONS
OF
PLANS
TO
CON-
GRESS’’ and inserting ‘‘SUBMISSION OF 
PLANS’’; 
(II) by striking subparagraph 
(A);
918 
(III) by redesignating subpara-
graphs (B) through (E) as subpara-
graphs (A) through (D), respectively; 
(IV) in subparagraph (A), as re-
designated— 
(aa) in the heading, by strik-
ing 
‘‘SUBSEQUENT
VERSIONS’’ 
and inserting ‘‘IN GENERAL’’; and 
(bb) by striking ‘‘After De-
cember 31, 2015, the’’ and insert-
ing ‘‘The’’; and 
(V) 
in 
subparagraph 
(B)(ii)(III)(cc), as redesignated, by 
striking ‘‘for the Department’’ and in-
serting ‘‘for the Department of Home-
land Security’’; 
(I) by redesignating subsections (u), (v), 
and (w) as subsections (t), (u), and (v), respec-
tively; 
(J) in subsection (t), as redesignated— 
(i) in paragraph (1)— 
(I) by striking subparagraph (D); 
and 
(II) by redesignating subpara-
graph (E) as subparagraph (D);
919 
(ii) in paragraph (2), by inserting ‘‘of 
Homeland Security’’ after ‘‘Plan, the Sec-
retary’’; 
(iii) in paragraph (4)(B)— 
(I) by inserting ‘‘of Homeland Se-
curity’’ after ‘‘agency within the De-
partment’’; and 
(II) by inserting ‘‘of Homeland 
Security’’ after ‘‘Secretary’’; 
(iv) by amending paragraph (6) to 
read as follows: 
‘‘(6) ANNUAL REPORT ON PLAN.—The Secretary 
of Homeland Security shall annually submit to the 
appropriate congressional committees a report con-
taining the Plan.’’; and 
(v) in paragraphs (7) and (8), by in-
serting ‘‘of Homeland Security’’ after ‘‘Sec-
retary’’; and 
(K) in subsection (u), as redesignated— 
(i) in paragraph (1)— 
(I) in subparagraph (B), by in-
serting ‘‘or the Administrator’’ after 
‘‘Secretary of Homeland Security’’; 
and
920 
(II) in subparagraph (C)(ii), by 
striking ‘‘Secretary’s designee’’ and in-
serting ‘‘Secretary of Defense’s des-
ignee’’; 
(III) in subparagraphs (B), (C), 
(D), and (E) of paragraph (3), by in-
serting ‘‘of Homeland Security’’ after 
‘‘Secretary’’ each place it appears; 
(ii) in paragraph (4)(A), by inserting 
‘‘of Homeland Security’’ after ‘‘Secretary’’; 
(iii) in paragraph (5), by inserting ‘‘of 
Homeland Security’’ after ‘‘Secretary’’; and 
(iv) in paragraph (7)— 
(I) in subparagraph (A), by strik-
ing ‘‘Not later than December 31, 
2008, and annually thereafter, the Sec-
retary’’ and inserting ‘‘The Secretary 
of Homeland Security’’; and 
(II) by striking subparagraph 
(D). 
(2) CONGRESSIONAL
OVERSIGHT
OF
SECURITY 
ASSURANCE
FOR
PUBLIC
AND
PRIVATE
STAKE-
HOLDERS.—Section 1203(b)(1)(B) of the Imple-
menting Recommendations of the 9/11 Commission 
Act of 2007 (49 U.S.C. 114 note) is amended by strik-
921 
ing ‘‘, under section 114(u)(7) of title 49, United 
States Code, as added by this section, or otherwise,’’. 
(c) EXECUTIVE SCHEDULE.— 
(1) ADMINISTRATOR OF THE TSA.— 
(A) POSITIONS AT LEVEL II.—Section 5313 
of title 5, United States Code, is amended by in-
serting after the item relating to the Under Sec-
retary of Homeland Security for Management 
the following: 
‘‘Administrator of the Transportation Security Ad-
ministration.’’. 
(B) BONUS ELIGIBILITY.—Section 101(c)(2) 
of the Aviation and Transportation Security Act 
(5 U.S.C. 5313 note) is amended— 
(i) by striking ‘‘Under Secretary’’ and 
inserting ‘‘Administrator of the Transpor-
tation Security Administration’’; 
(ii) by striking ‘‘on the Secretary’s’’ 
and inserting ‘‘on the Secretary of Home-
land Security’s’’; and 
(iii) by striking ‘‘Under Secretary’s’’ 
and inserting ‘‘Administrator’s’’. 
(2) DEPUTY ADMINISTRATOR OF THE TSA.—Sec-
tion 5314 of title 5, United States Code, is amended 
by inserting after the item relating to Deputy Admin-
922 
istrators, Federal Emergency Management Agency the 
following: 
‘‘Deputy Administrator, Transportation Security Ad-
ministration.’’. 
(3) NONAPPLICABILITY.—The amendment made 
by paragraph (2) of this subsection shall not affect the 
salary of an individual who is performing the duties 
of the Deputy Administrator on the date of enactment 
of this Act, even if that individual is subsequently ap-
pointed as Deputy Administrator. 
SEC. 1905. TRANSPORTATION SECURITY ADMINISTRATION 
ORGANIZATION. 
Section 114, as amended by sections 1903 and 1904 
of this Act, is further amended by adding at the end the 
following: 
‘‘(w) LEADERSHIP AND ORGANIZATION.— 
‘‘(1) IN GENERAL.—For each of the areas de-
scribed in paragraph (2), the Administrator of the 
Transportation Security Administration shall ap-
point at least 1 individual who shall— 
‘‘(A) report directly to the Administrator or 
the Administrator’s designated direct report; and 
‘‘(B) be responsible and accountable for that 
area.
923 
‘‘(2) AREAS DESCRIBED.—The areas described in 
this paragraph are as follows: 
‘‘(A) Aviation security operations and 
training, including risk-based, adaptive secu-
rity— 
‘‘(i) focused on airport checkpoint and 
baggage screening operations; 
‘‘(ii) workforce training and develop-
ment programs; and 
‘‘(iii) ensuring compliance with avia-
tion security law, including regulations, 
and other specialized programs designed to 
secure air transportation. 
‘‘(B) Surface transportation security oper-
ations and training, including risk-based, adapt-
ive security— 
‘‘(i) focused on accomplishing security 
systems assessments; 
‘‘(ii) 
reviewing 
and 
prioritizing 
projects for appropriated surface transpor-
tation security grants; 
‘‘(iii) operator compliance with surface 
transportation security law, including regu-
lations, and voluntary industry standards; 
and
924 
‘‘(iv) workforce training and develop-
ment programs, and other specialized pro-
grams designed to secure surface transpor-
tation. 
‘‘(C) Transportation industry engagement 
and planning, including the development, inter-
pretation, promotion, and oversight of a unified 
effort regarding risk-based, risk-reducing security 
policies and plans (including strategic planning 
for future contingencies and security challenges) 
between government and transportation stake-
holders, including airports, domestic and inter-
national airlines, general aviation, air cargo, 
mass transit and passenger rail, freight rail, 
pipeline, highway and motor carriers, and mari-
time. 
‘‘(D) International strategy and operations, 
including agency efforts to work with inter-
national partners to secure the global transpor-
tation network. 
‘‘(E) Trusted and registered traveler pro-
grams, including the management and mar-
keting of the agency’s trusted traveler initiatives, 
including the PreCheck Program, and coordina-
tion with trusted traveler programs of other De-
925 
partment of Homeland Security agencies and the 
private sector. 
‘‘(F) Technology acquisition and deploy-
ment, including the oversight, development, test-
ing, evaluation, acquisition, deployment, and 
maintenance of security technology and other ac-
quisition programs. 
‘‘(G) Inspection and compliance, including 
the integrity, efficiency and effectiveness of the 
agency’s workforce, operations, and programs 
through objective audits, covert testing, inspec-
tions, criminal investigations, and regulatory 
compliance. 
‘‘(H) Civil rights, liberties, and traveler en-
gagement, including ensuring that agency em-
ployees and the traveling public are treated in a 
fair and lawful manner consistent with Federal 
laws and regulations protecting privacy and 
prohibiting discrimination and reprisal. 
‘‘(I) Legislative and public affairs, includ-
ing communication and engagement with inter-
nal and external audiences in a timely, accurate, 
and transparent manner, and development and 
implementation of strategies within the agency
926 
to achieve congressional approval or authoriza-
tion of agency programs and policies. 
‘‘(3) NOTIFICATION.—The Administrator shall 
submit to the appropriate committees of Congress— 
‘‘(A) not later than 180 days after the date 
of enactment of the TSA Modernization Act, a 
list of the names of the individuals appointed 
under paragraph (1); and 
‘‘(B) an update of the list not later than 5 
days after any new individual is appointed 
under paragraph (1).’’. 
SEC. 1906. TRANSPORTATION SECURITY ADMINISTRATION 
EFFICIENCY. 
(a) EFFICIENCY REVIEW.— 
(1) IN GENERAL.—Not later than 270 days after 
the date of enactment of this Act, the Administrator 
shall complete a comprehensive, agency-wide effi-
ciency review of the TSA to identify and effectuate 
spending reductions and administrative savings that 
can be achieved by the streamlining or restructuring 
of TSA divisions. 
(2) REQUIREMENTS.—In carrying out the review 
under paragraph (1), the Administrator shall con-
sider the following:
927 
(A) Eliminating unnecessarily duplicative 
or overlapping programs and initiatives. 
(B) Eliminating unnecessary or obsolete 
rules, regulations, directives, or procedures. 
(C) Reducing overall operating expenses of 
the TSA, including costs associated with the 
number of personnel, as a direct result of effi-
ciencies gained through the implementation of 
risk-based screening or through any other means 
as determined appropriate by the Administrator 
in accordance with this section. 
(D) Reducing, by 20 percent, the number of 
positions at the Senior Executive Service level at 
the TSA as calculated on the date of enactment 
of this Act. 
(E) Such other matters the Administrator 
considers appropriate. 
(b) REPORT TO CONGRESS.—Not later than 30 days 
after the date the efficiency review under subsection (a) is 
complete, the Administrator shall submit to the appropriate 
committees of Congress a report on the findings, including 
a description of any cost savings expected to be achieved 
by the streamlining or restructuring of TSA divisions.
928 
SEC. 1907. PERSONNEL MANAGEMENT SYSTEM REVIEW. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Administrator shall con-
vene a working group consisting of representatives of the 
TSA and representatives of the labor organization rep-
resenting security screening personnel to recommend re-
forms to the TSA’s personnel management system, includ-
ing appeals to the Merit Systems Protection Board and 
grievance procedures. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the working group convened under 
subsection (a) shall submit to the Administrator and the 
appropriate committees of Congress a report containing 
proposed, mutually agreed-upon recommendations to re-
form the TSA’s personnel management system. 
(c) IMPLEMENTATION.—To the extent authorized under 
law, the Administrator may implement 1 or more of the 
recommendations submitted under subsection (b). 
(d) TERMINATION.—The working group shall termi-
nate on the date that the report is submitted under sub-
section (b). 
SEC. 1908. TSA LEAP PAY REFORM. 
(a) DEFINITION OF BASIC PAY.—Clause (ii) of section 
8331(3)(E) of title 5, United States Code, is amended to 
read as follows:
929 
‘‘(ii) received after September 11, 2001, 
by a Federal air marshal or criminal inves-
tigator (as defined in section 5545a(a)(2)) 
of the Transportation Security Administra-
tion, subject to all restrictions and earning 
limitations imposed on criminal investiga-
tors receiving such pay under section 5545a, 
including the premium pay limitations 
under section 5547;’’. 
(b) EFFECTIVE DATE; APPLICABILITY.— 
(1) IN GENERAL.—Subject to paragraph (2), this 
section, and the amendments made by this section, 
shall take effect on the first day of the first pay period 
commencing on or after the date of enactment of this 
section. 
(2) RETROACTIVE APPLICATION.— 
(A) IN GENERAL.—Any availability pay re-
ceived for any pay period commencing before the 
date of enactment of this Act by a Federal air 
marshal or criminal investigator employed by 
the Transportation Security Administration 
shall be deemed basic pay under section 8331(3) 
of title 5, United States Code, if the Transpor-
tation Security Administration treated such pay 
as retirement-creditable basic pay, but the Office
930 
of Personnel Management, based on an interpre-
tation of section 8331(3) of title 5, United States 
Code, did not accept such pay as retirement- 
creditable basic pay. 
(B) IMPLEMENTATION.—Not later than 3 
months after the date of enactment of this Act, 
the Director of the Office of Personnel Manage-
ment shall commence taking such actions as are 
necessary to implement the amendments made by 
this section with respect to availability pay 
deemed to be basic pay under subparagraph (A). 
SEC. 1909. RANK AWARDS PROGRAM FOR TRANSPORTATION 
SECURITY 
ADMINISTRATION 
EXECUTIVES 
AND SENIOR PROFESSIONALS. 
Section 114(n), as amended by section 1904 of this 
Act, is further amended— 
(1) by inserting ‘‘(1) IN
GENERAL.—’’ before 
‘‘The personnel management system’’ and indenting 
appropriately; and 
(2) by adding at the end the following: 
‘‘(2) MERITORIOUS
EXECUTIVE
OR
DISTIN-
GUISHED
EXECUTIVE
RANK
AWARDS.—Notwith-
standing section 40122(g)(2) of this title, the applica-
ble sections of title 5 shall apply to the Transpor-
931 
tation Security Administration personnel manage-
ment system, except that— 
‘‘(A) for purposes of applying such provi-
sions to the personnel management system— 
‘‘(i) the term ‘agency’ means the De-
partment of Homeland Security; 
‘‘(ii) the term ‘senior executive’ means 
a Transportation Security Administration 
executive serving on a Transportation Secu-
rity Executive Service appointment; 
‘‘(iii) the term ‘career appointee’ 
means a Transportation Security Adminis-
tration executive serving on a career Trans-
portation Security Executive Service ap-
pointment; and 
‘‘(iv) The term ‘senior career employee’ 
means a Transportation Security Adminis-
tration employee covered by the Transpor-
tation Security Administration Core Com-
pensation System at the L or M pay band; 
‘‘(B) receipt by a career appointee or a sen-
ior career employee of the rank of Meritorious 
Executive or Meritorious Senior Professional en-
titles the individual to a lump-sum payment of 
an amount equal to 20 percent of annual basic
932 
pay, which shall be in addition to the basic pay 
paid under the applicable Transportation Secu-
rity Administration pay system; and 
‘‘(C) receipt by a career appointee or a sen-
ior career employee of the rank of Distinguished 
Executive or Distinguished Senior Professional 
entitles the individual to a lump-sum payment 
of an amount equal to 35 percent of annual 
basic pay, which shall be in addition to the basic 
pay paid under the applicable Transportation 
Security Administration pay system. 
‘‘(3) DEFINITION OF APPLICABLE SECTIONS OF 
TITLE 5.—In this subsection, the term ‘applicable sec-
tions of title 5’ means— 
‘‘(A) subsections (b), (c) and (d) of section 
4507 of title 5; and 
‘‘(B) subsections (b) and (c) of section 
4507a of title 5.’’. 
SEC. 1910. TRANSMITTALS TO CONGRESS. 
With regard to each report, legislative proposal, or 
other communication of the Executive Branch related to the 
TSA and required to be submitted to Congress or the appro-
priate committees of Congress, the Administrator shall 
transmit such communication directly to the appropriate 
committees of Congress.
933 
Subtitle B—Security Technology 
SEC. 1911. THIRD PARTY TESTING AND VERIFICATION OF 
SCREENING TECHNOLOGY. 
(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 en-
actment 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 perform-
ance of the security screening technology system re-
garding 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 de-
tection testing under paragraph (1) shall be consid-
ered final if the results are approved by the Adminis-
tration in accordance with approval standards devel-
oped by the Administrator.
934 
(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 detec-
tion testing under paragraph (1) with any subse-
quent, final Federal Government testing. 
(4) INTERNATIONAL STANDARDS.—To the extent 
practicable and permissible under law and consid-
ering the national security interests of the United 
States, the Administrator shall— 
(A) share detection testing information and 
standards with appropriate international part-
ners; and 
(B) coordinate with the appropriate inter-
national partners to align TSA testing and eval-
uation 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 author-
ized under subsection (a) shall include operational 
testing. 
(2) LIMITATION.—Third party operational test-
ing under paragraph (1) may not exceed 1 year.
935 
(d) ALTERNATIVE.—Third party testing under sub-
section (a) shall replace as an alternative, at the discretion 
of the Administrator, the testing at the TSA Systems Inte-
gration 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 tech-
nology 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 prac-
tices; and 
(C) oversee the third party testing and eval-
uation framework.
936 
(2) 
RECOMMENDATIONS.—The 
Administrator 
shall request ASAC’s Security Technology Sub-
committee, in consultation with representatives of the 
security manufacturers industry, to develop and sub-
mit 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 air-
ports and on site at security technology manufacturers 
whenever possible as an alternative to the TSA Systems In-
tegration Facility. 
(g) APPROPRIATE THIRD PARTIES.— 
(1) CITIZENSHIP
REQUIREMENT.—An appro-
priate 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 in-
fluence mitigation plan that has been approved by the 
Defense Security Service of the Department of Defense
937 
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 para-
graph. 
(3) CONFLICTS
OF
INTEREST.—The Adminis-
trator shall ensure, to the extent possible, that an en-
tity providing third party testing under this section 
does not have a contractual, business, or other pecu-
niary 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 ap-
propriate 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 tech-
nology acquisition or screening operations, as a 
result of such program.
938 
(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 fol-
lowing: 
(i) The introduction of innovative de-
tection technologies into security screening 
operations. 
(ii) The availability of testing for tech-
nologies developed by small to medium sized 
businesses. 
(D) Any vulnerabilities associated with 
such program, including with respect to the fol-
lowing: 
(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. 
SEC. 1912. TRANSPORTATION SECURITY ADMINISTRATION 
SYSTEMS INTEGRATION FACILITY. 
(a) IN GENERAL.—The Administrator shall continue 
to operate the Transportation Security Administration 
Systems Integration Facility (referred to in this section as
939 
the ‘‘TSIF’’) for the purposes of testing and evaluating ad-
vanced transportation security screening technologies re-
lated to the mission of the TSA. 
(b) REQUIREMENTS.—The TSIF shall— 
(1) evaluate the technologies described in sub-
section (a) to enhance the security of transportation 
systems through screening and threat mitigation and 
detection; 
(2) test the technologies described in subsection 
(a) to support identified mission needs of the TSA 
and to meet requirements for acquisitions and pro-
curement; 
(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 the capa-
bilities of the TSIF; 
(5) deliver advanced transportation security 
screening technologies that enhance the overall secu-
rity of domestic transportation systems; and 
(6) to the extent practicable, provide funding 
and promote efforts to enable participation by a small 
business concern (as the term is described under sec-
940 
tion 3 of the Small Business Act (15 U.S.C. 632)) 
that— 
(A) has an advanced technology or capa-
bility; but 
(B) does not have adequate resources to par-
ticipate in testing and evaluation processes. 
(c) STAFFING AND RESOURCE ALLOCATION.—The Ad-
ministrator shall ensure adequate staffing and resource al-
locations for the TSIF in a manner that— 
(1) prevents unnecessary delays in the testing 
and evaluation of advanced transportation security 
screening technologies for acquisitions and procure-
ment determinations; 
(2) ensures the issuance of final paperwork cer-
tification no later than 45 days after the date such 
testing and evaluation has concluded; and 
(3) ensures collaboration with technology stake-
holders to close capabilities gaps in transportation se-
curity. 
(d) DEADLINE.— 
(1) IN GENERAL.—The Administrator shall no-
tify the appropriate committees of Congress if testing 
and evaluation by the TSIF of an advanced transpor-
tation security screening technology under this section 
exceeds 180 days from the delivery date.
941 
(2) 
NOTIFICATION.—The 
notification 
under 
paragraph (1) shall include— 
(A) information relating to the delivery 
date; 
(B) a justification for why the testing and 
evaluation process has exceeded 180 days; and 
(C) the estimated date for completion of 
such testing and evaluation. 
(3) DEFINITION
OF
DELIVERY
DATE.—In this 
subsection, the term ‘‘delivery date’’ means the date 
that the owner of an advanced transportation security 
screening technology— 
(A) after installation, delivers the tech-
nology to the TSA for testing and evaluation; 
and 
(B) submits to the Administrator, in such 
form and manner as the Administrator pre-
scribes, a signed notification of the delivery de-
scribed in subparagraph (A). 
(e) RETESTING AND EVALUATION.—Advanced trans-
portation security screening technology that fails testing 
and evaluation by the TSIF may be retested and evaluated 
at the discretion of the Administrator. 
(f) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed to affect the authority or responsibility
942 
of an officer of the Department, or an officer of any other 
Federal department or agency, with respect to research, de-
velopment, testing, and evaluation of technologies, including 
such authorities or responsibilities of the Undersecretary for 
Science and Technology of the Department and Assistant 
Secretary of the Countering Weapons of Mass Destruction 
Office of the Department. 
SEC. 1913. OPPORTUNITIES TO PURSUE EXPANDED NET-
WORKS FOR BUSINESS. 
(a) STRATEGY.—Subtitle B of title 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: 
‘‘SEC. 1617. DIVERSIFIED SECURITY TECHNOLOGY INDUS-
TRY MARKETPLACE. 
‘‘(a) IN GENERAL.—Not later than 120 days after the 
date of enactment of the TSA Modernization Act, the Ad-
ministrator shall develop and submit to the Committee on 
Commerce, Science, and Transportation of the Senate and 
the Committee on Homeland Security of the House of Rep-
resentatives a strategy to promote a diverse security tech-
nology industry marketplace upon which the Administrator 
can rely to acquire advanced transportation security tech-
nologies or capabilities, including by increased participa-
tion of small business innovators.
943 
‘‘(b) CONTENTS.—The strategy required under sub-
section (a) shall include the following: 
‘‘(1) Information on how existing Administra-
tion solicitation, testing, evaluation, piloting, acquisi-
tion, and procurement processes impact the Adminis-
trator’s ability to acquire from the security technology 
industry 
marketplace, 
including 
small 
business 
innovators that have not previously provided tech-
nology to the Administration, innovative technologies 
or capabilities with the potential to enhance transpor-
tation security. 
‘‘(2) Specific actions that the Administrator will 
take, including modifications to the processes de-
scribed in paragraph (1), to foster diversification 
within the security technology industry marketplace. 
‘‘(3) Projected timelines for implementing the ac-
tions described in paragraph (2). 
‘‘(4) Plans for how the Administrator could, to 
the extent practicable, assist a small business inno-
vator periodically during such processes, including 
when such an innovator lacks adequate resources to 
participate in such processes, to facilitate an ad-
vanced transportation security technology or capa-
bility being developed and acquired by the Adminis-
trator.
945 
portation Security Administration standards for security 
technology. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) INTELLIGENCE COMMUNITY.—The term ‘in-
telligence community’ has the meaning given the term 
in section 3 of the National Security Act of 1947 (50 
U.S.C. 3003). 
‘‘(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 small business 
concern that has an advanced transportation security 
technology or capability.’’. 
(b) GAO REVIEW.—Not later than 1 year after the 
date the strategy is submitted under section 1617 of the 
Homeland Security Act of 2002, the Comptroller General 
of the United States shall— 
(1) review the extent to which the strategy— 
(A) addresses the requirements of that sec-
tion; 
(B) has resulted in increased participation 
of small business innovators in the security tech-
nology industry marketplace; and
946 
(C) has diversified the security technology 
industry marketplace; and 
(2) submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Homeland Security of the House of 
Representatives the findings of the review and any 
recommendations. 
(c) TABLE OF CONTENTS.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 1616 
the following: 
‘‘1617. Diversified security technology industry marketplace.’’. 
SEC. 
1914. 
RECIPROCAL 
RECOGNITION 
OF 
SECURITY 
STANDARDS. 
(a) IN GENERAL.—The Administrator, in coordination 
with appropriate international aviation security authori-
ties, shall develop a validation process for the reciprocal rec-
ognition of security equipment technology approvals among 
international security partners or recognized certification 
authorities for deployment. 
(b) REQUIREMENT.—The validation process shall en-
sure that the certification by each participating inter-
national security partner or recognized certification au-
thority complies with detection, qualification, and informa-
tion security, including cybersecurity, standards of the
947 
TSA, the Department of Homeland Security, and the Na-
tional Institute of Standards and Technology. 
SEC. 1915. TRANSPORTATION SECURITY LABORATORY. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, in consultation with 
the Administrator and the Undersecretary for Science and 
Technology— 
(1) shall conduct a review to determine whether 
the TSA is the most appropriate component within 
the Department to administer the Transportation Se-
curity Laboratory; and 
(2) may direct the TSA to administer the Trans-
portation Security Laboratory if the review under 
paragraph (1) identifies the TSA as the most appro-
priate component. 
(b) PERIODIC REVIEWS.—The Secretary shall periodi-
cally review the screening technology test and evaluation 
process conducted at the Transportation Security Labora-
tory to improve the coordination, collaboration, and com-
munication between the Transportation Security Labora-
tory and the TSA to identify factors contributing to acqui-
sition inefficiencies, develop strategies to reduce acquisition 
inefficiencies, facilitate more expeditious initiation and 
completion of testing, and identify how laboratory practices 
can better support acquisition decisions.
948 
(c) REPORTS.—The Secretary shall report the findings 
of each review under this section to the appropriate commit-
tees of Congress. 
SEC. 1916. INNOVATION TASK FORCE. 
(a) IN GENERAL.—The Administrator shall establish 
an innovation task force— 
(1) to cultivate innovations in transportation se-
curity; 
(2) to develop and recommend how to prioritize 
and streamline requirements for new approaches to 
transportation security; 
(3) to accelerate the development and introduc-
tion of new innovative transportation security tech-
nologies and improvements to transportation security 
operations; and 
(4) to provide industry with access to the airport 
environment during the technology development and 
assessment process to demonstrate the technology and 
to collect data to understand and refine technical op-
erations and human factor issues. 
(b) ACTIVITIES.—The task force shall— 
(1) conduct activities to identify and develop an 
innovative technology, emerging security capability, 
or process designed to enhance transportation secu-
rity, including—
949 
(A) by conducting a field demonstration of 
such a technology, capability, or process in the 
airport environment; 
(B) by gathering performance data from 
such a demonstration to inform the acquisition 
process; and 
(C) by enabling a small business with an 
innovative technology or emerging security capa-
bility, but less than adequate resources, to par-
ticipate in such a demonstration; 
(2) conduct at least quarterly collaboration meet-
ings with industry, including air carriers, airport op-
erators, and other transportation security stakeholders 
to highlight and discuss best practices on innovative 
security operations and technology evaluation and de-
ployment; and 
(3) submit to the appropriate committees of Con-
gress an annual report on the effectiveness of key per-
formance data from task force-sponsored projects and 
checkpoint enhancements. 
(c) COMPOSITION.— 
(1) APPOINTMENT.—The Administrator, in con-
sultation with the Chairperson of ASAC shall appoint 
the members of the task force.
950 
(2) CHAIRPERSON.—The task force shall be 
chaired by the Administrator’s designee. 
(3) REPRESENTATION.—The task force shall be 
comprised of representatives of— 
(A) the relevant offices of the TSA; 
(B) if considered appropriate by the Ad-
ministrator, the Science and Technology Direc-
torate of the Department of Homeland Security; 
(C) any other component of the Department 
of Homeland Security that the Administrator 
considers appropriate; and 
(D) such industry representatives as the Ad-
ministrator considers appropriate. 
(d) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to require the acquisition or deployment 
of an innovative technology, emerging security capability, 
or process identified, developed, or recommended under this 
section. 
(e) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the 
task force established under this section. 
SEC. 1917. 5-YEAR TECHNOLOGY INVESTMENT PLAN UP-
DATE. 
Section 1611 of the Homeland Security Act of 2002 
(6 U.S.C. 563) is amended—
951 
(1) in subsection (g)— 
(A) by striking the matter preceding para-
graph (1) and inserting ‘‘The Administrator 
shall, in collaboration with relevant industry 
and government stakeholders, annually submit to 
Congress in an appendix to the budget request 
and publish in an unclassified format in the 
public domain—’’; 
(B) in paragraph (1), by striking ‘‘; and’’ 
and inserting a semicolon; 
(C) in paragraph (2), by striking the period 
and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(3) information about acquisitions completed 
during the fiscal year preceding the fiscal year during 
which the report is submitted.’’; and 
(2) by adding at the end the following: 
‘‘(h) ADDITIONAL UPDATE REQUIREMENTS.—Updates 
and reports under subsection (g) shall— 
‘‘(1) be prepared in consultation with— 
‘‘(A) the persons described in subsection (b); 
and 
‘‘(B) the Surface Transportation Security 
Advisory Committee established under section 
404; and
952 
‘‘(2) include— 
‘‘(A) information relating to technology in-
vestments by the Transportation Security Ad-
ministration and the private sector that the De-
partment supports with research, development, 
testing, and evaluation for aviation, including 
air cargo, and surface transportation security; 
‘‘(B) information about acquisitions com-
pleted during the fiscal year preceding the fiscal 
year during which the report is submitted; 
‘‘(C) information relating to equipment of 
the Transportation Security Administration that 
is in operation after the end of the life-cycle of 
the equipment specified by the manufacturer of 
the equipment; and 
‘‘(D) to the extent practicable, a classified 
addendum to report sensitive transportation se-
curity risks and associated capability gaps that 
would be best addressed by security-related tech-
nology described in subparagraph (A).’’. 
‘‘(i) NOTICE OF COVERED CHANGES TO PLAN.— 
‘‘(1) NOTICE
REQUIRED.—The Administrator 
shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee 
on Homeland Security of the House of Representa-
953 
tives notice of any covered change to the Plan not 
later than 90 days after the date that the covered 
change is made. 
‘‘(2) DEFINITION OF COVERED CHANGE.—In this 
subsection, the term ‘covered change’ means— 
‘‘(A) an increase or decrease in the dollar 
amount allocated to the procurement of a tech-
nology; or 
‘‘(B) an increase or decrease in the number 
of a technology.’’. 
SEC. 1918. MAINTENANCE OF SECURITY-RELATED TECH-
NOLOGY. 
(a) IN GENERAL.—Title XVI of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 561 et seq.), as amended by sec-
tion 1913 of this Act, is further amended by adding at the 
end the following: 
‘‘Subtitle C—Maintenance of 
Security-related Technology 
‘‘SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT. 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of the TSA Modernization Act, the Ad-
ministrator shall develop and implement a preventive 
maintenance validation process for security-related tech-
nology deployed to airports.
954 
‘‘(b) MAINTENANCE BY ADMINISTRATION PERSONNEL 
AT AIRPORTS.—For maintenance to be carried out by Ad-
ministration personnel at airports, the process referred to 
in subsection (a) shall include the following: 
‘‘(1) Guidance to Administration personnel at 
airports specifying how to conduct and document pre-
ventive maintenance actions. 
‘‘(2) Mechanisms for the Administrator to verify 
compliance with the guidance issued pursuant to 
paragraph (1). 
‘‘(c) MAINTENANCE BY CONTRACTORS AT AIRPORTS.— 
For maintenance to be carried by a contractor at airports, 
the process referred to in subsection (a) shall require the 
following: 
‘‘(1) Provision of monthly preventative mainte-
nance schedules to appropriate Administration per-
sonnel at each airport that includes information on 
each action to be completed by contractor. 
‘‘(2) Notification to appropriate Administration 
personnel at each airport when maintenance action is 
completed by a contractor. 
‘‘(3) A process for independent validation by a 
third party of contractor maintenance. 
‘‘(d) PENALTIES FOR NONCOMPLIANCE.—The Admin-
istrator shall require maintenance for any contracts entered
955 
into 60 days after the date of enactment of the TSA Mod-
ernization Act or later for security-related technology de-
ployed to airports to include penalties for noncompliance 
when it is determined that either preventive or corrective 
maintenance has not been completed according to contrac-
tual requirements and manufacturers’ specifications.’’. 
(b) TABLE OF CONTENTS.—The table of contents of the 
Homeland Security Act of 2002, as amended by section 
1913 of this Act, is further amended by inserting after the 
item relating to section 1617 the following: 
‘‘Subtitle C—Maintenance of Security-related Technology 
‘‘1621. Maintenance validation and oversight.’’. 
SEC. 1919. BIOMETRICS EXPANSION. 
(a) IN GENERAL.—The Administrator and the Com-
missioner of U.S. Customs and Border Protection shall con-
sult with each other on the deployment of biometric tech-
nologies. 
(b) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to permit the Commissioner of U.S. Cus-
toms and Border Protection to facilitate or expand the de-
ployment of biometric technologies, or otherwise collect, use, 
or retain biometrics, not authorized by any provision of or 
amendment made by the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108–458; 118 Stat. 
3638) or the Implementing Recommendations of the 9/11
956 
Commission Act of 2007 (Public Law 110–53; 121 Stat. 
266). 
(c) REPORT REQUIRED.—Not later than 270 days 
after the date of enactment of this Act, the Secretary shall 
submit to the appropriate committees of Congress, and to 
any Member of Congress upon the request of that Member, 
a report that includes specific assessments from the Admin-
istrator and the Commissioner of U.S. Customs and Border 
Protection with respect to the following: 
(1) The operational and security impact of using 
biometric technology to identify travelers. 
(2) The potential effects on privacy of the expan-
sion of the use of biometric technology under para-
graph (1), including methods proposed or imple-
mented to mitigate any risks to privacy identified by 
the Administrator or the Commissioner related to the 
active or passive collection of biometric data. 
(3) Methods to analyze and address any match-
ing performance errors related to race, gender, or age 
identified by the Administrator with respect to the 
use of biometric technology, including the deployment 
of facial recognition technology; 
(4) With respect to the biometric entry-exit pro-
gram, the following: 
(A) Assessments of—
957 
(i) the error rates, including the rates 
of false positives and false negatives, and 
accuracy of biometric technologies; 
(ii) the effects of biometric technologies, 
to ensure that such technologies do not un-
duly burden categories of travelers, such as 
a certain race, gender, or nationality; 
(iii) the extent to which and how bio-
metric technologies could address instances 
of travelers to the United States overstaying 
their visas, including— 
(I) an estimate of how often bio-
metric matches are contained in an ex-
isting database; 
(II) an estimate of the rate at 
which travelers using fraudulent cre-
dentials identifications are accurately 
rejected; and 
(III) an assessment of what per-
centage of the detection of fraudulent 
identifications could have been accom-
plished using conventional methods; 
(iv) the effects on privacy of the use of 
biometric technologies, including methods to 
mitigate any risks to privacy identified by
958 
the Administrator or the Commissioner of 
U.S. Customs and Border Protection related 
to the active or passive collection of biomet-
ric data; and 
(v) the number of individuals who stay 
in the United States after the expiration of 
their visas each year. 
(B) A description of— 
(i) all audits performed to assess— 
(I) error rates in the use of bio-
metric technologies; or 
(II) whether the use of biometric 
technologies and error rates in the use 
of such technologies disproportionately 
affect a certain race, gender, or nation-
ality; and 
(ii) the results of the audits described 
in clause (i). 
(C) A description of the process by which 
domestic travelers are able to opt-out of scanning 
using biometric technologies. 
(D) A description of— 
(i) what traveler data is collected 
through scanning using biometric tech-
nologies, what agencies have access to such
959 
data, and how long the agencies possess 
such data; 
(ii) specific actions that the Depart-
ment and other relevant Federal depart-
ments and agencies take to safeguard such 
data; and 
(iii) a short-term goal for the prompt 
deletion of the data of individual United 
States citizens after such data is used to 
verify traveler identities. 
(d) PUBLICATION OF ASSESSMENTS.—The Secretary, 
the Administrator, and the Commissioner shall, if prac-
ticable, publish a public version of the assessment required 
by subsection (c)(2) on the Internet website of the TSA and 
of the U.S. Customs and Border Protection. 
SEC. 1920. PILOT PROGRAM FOR AUTOMATED EXIT LANE 
TECHNOLOGY. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall estab-
lish a pilot program to implement and evaluate the use of 
automated exit lane technology at small hub airports and 
nonhub airports (as those terms are defined in section 
40102 of title 49, United States Code).
960 
(b) PARTNERSHIP.—The Administrator shall carry 
out the pilot program in partnership with the applicable 
airport directors. 
(c) COST SHARE.—The Federal share of the cost of the 
pilot program under this section shall not exceed 85 percent 
of the total cost of the program. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the pilot pro-
gram under this section $15,000,000 for each of fiscal years 
2019 through 2021. 
(e) GAO REPORT.—Not later than 2 years after the 
date the pilot program is implemented, the Comptroller 
General of the United States shall submit to the appropriate 
committees of Congress a report on the pilot program, in-
cluding— 
(1) the extent of airport participation in the 
pilot program and how the program was imple-
mented; 
(2) the results of the pilot program and any re-
ported benefits, including the impact on security and 
any cost-related efficiencies realized by TSA or at the 
participating airports; and 
(3) the feasibility of expanding the pilot program 
to additional airports, including to medium and 
large hub airports.
961 
SEC. 1921. AUTHORIZATION OF APPROPRIATIONS; EXIT 
LANE SECURITY. 
There is authorized to be appropriated to carry out 
section 44903(n)(1) of title 49, United States Code, 
$77,000,000 for each of fiscal years 2019 through 2021. 
SEC. 1922. REAL-TIME SECURITY CHECKPOINT WAIT TIMES. 
(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of this Act, the Administrator shall make 
available to the public information on wait times at each 
airport security checkpoint at which security screening op-
erations are conducted or overseen by the TSA. 
(b) REQUIREMENTS.—The information described in 
subsection (a) shall be provided in real time via technology 
and published— 
(1) online; and 
(2) in physical locations at applicable airport 
terminals. 
(c) CONSIDERATIONS.—The Administrator shall only 
make the information described in subsection (a) available 
to the public if it can do so in a manner that does not 
increase public area security risks. 
(d) DEFINITION OF WAIT TIME.—In this section, the 
term ‘‘wait time’’ means the period beginning when a pas-
senger enters a queue for a screening checkpoint and ending 
when that passenger exits the checkpoint.
962 
SEC. 1923. GAO REPORT ON DEPLOYMENT OF SCREENING 
TECHNOLOGIES ACROSS AIRPORTS. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study whether the TSA allocates re-
sources, including advanced imaging and computed tomog-
raphy technologies, appropriately based on risk at Category 
X, I, II, III, and IV airports at which security screening 
operations are conducted or overseen by the TSA. 
(b) COST ANALYSIS.—As a part of the study conducted 
under subsection (a), the Comptroller General shall analyze 
the costs allocated or incurred by the TSA at Category X, 
I, II, III, and IV airports— 
(1) to purchase and deploy screening equipment 
and other assets, including advanced imaging and 
computed tomography technologies, at Category X, I, 
II, III, and IV airports; 
(2) to install such equipment, including any re-
lated variant, and assets in the airport; and 
(3) to maintain such equipment and assets. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit 
to the appropriate committees of Congress a report on the 
findings of the study under subsection (a).
963 
SEC. 1924. SCREENING TECHNOLOGY REVIEW AND PER-
FORMANCE OBJECTIVES. 
(a) REVIEW OF TECHNOLOGY ACQUISITIONS PROC-
ESS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Administrator, 
in coordination with relevant officials of the Depart-
ment, shall conduct a review of existing advanced 
transportation security screening technology testing 
and evaluation, acquisitions, and procurement prac-
tices within TSA. 
(2) CONTENTS.—Such review shall include— 
(A) identifying process delays and obstruc-
tions within the Department and the Adminis-
tration regarding how such technology is identi-
fied, tested and evaluated, acquired, and de-
ployed; 
(B) assessing whether the TSA can better le-
verage existing resources or processes of the De-
partment for the purposes of technology testing 
and evaluation; 
(C) assessing whether the TSA can further 
encourage innovation and competition among 
technology stakeholders, including through in-
creased participation of and funding for small 
business concerns (as such term is described
964 
under section 3 of the Small Business Act (15 
U.S.C. 632)); 
(D) identifying best practices of other De-
partment components or United States Govern-
ment entities; and 
(E) a plan to address any problems or chal-
lenges identified by such review. 
(b) BRIEFING.—The Administrator shall provide to the 
appropriate committees of Congress a briefing on the find-
ings of the review required under this section and a plan 
to address any problems or challenges identified by such 
review. 
(c) ACQUISITIONS
AND
PROCUREMENT
ENHANCE-
MENT.—Incorporating the results of the review in sub-
section (a), the Administrator shall— 
(1) engage in outreach, coordination, and col-
laboration with transportation stakeholders to iden-
tify and foster innovation of new advanced transpor-
tation security screening technologies; 
(2) streamline the overall technology develop-
ment, testing, evaluation, acquisitions, procurement, 
and deployment processes of the Administration; and 
(3) ensure the effectiveness and efficiency of such 
processes.
965 
(d) ASSESSMENT.—The Secretary, in consultation 
with the Chief Privacy Officer of the Department, shall sub-
mit to the appropriate committees of Congress a compliance 
assessment of the TSA acquisition process relating to the 
health and safety risks associated with implementation of 
screening technologies. 
(e) PERFORMANCE OBJECTIVES.—The Administrator 
shall establish performance objectives for the testing and 
verification of security technology, including testing and 
verification conducted by appropriate third parties under 
section 1911, to ensure that progress is made, at a min-
imum, toward— 
(1) reducing time for each phase of testing while 
maintaining security (including testing for detection 
testing, operational testing, testing and verification 
framework, and field testing); 
(2) eliminating testing and verification delays; 
and 
(3) increasing accountability. 
(f) TRACKING.— 
(1) IN
GENERAL.—In carrying out subsection 
(e), the Administrator shall establish and continually 
track performance metrics for each type of security 
technology submitted for testing and verification, in-
966 
cluding testing and verification conducted by appro-
priate third parties under section 1911. 
(2) MEASURING
PROGRESS
TOWARD
GOALS.— 
The Administrator shall use the metrics established 
and tracked under paragraph (1) to generate data on 
an ongoing basis and to measure progress toward the 
achievement of the performance objectives established 
under subsection (e). 
(3) REPORT REQUIRED.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Ad-
ministrator shall submit to the appropriate com-
mittees of Congress a report assessing the extent 
to which the performance objectives established 
under subsection (e), as measured by the per-
formance metrics established and tracked under 
paragraph (1) of this subsection, have been met. 
(B) ELEMENTS.—The report required by 
subparagraph (A) shall include— 
(i) a list of the performance metrics es-
tablished under paragraph (1), including 
the length of time for each phase of testing 
and verification for each type of security 
technology; and
967 
(ii) a comparison of the progress 
achieved for testing and verification of secu-
rity technology conducted by the TSA and 
the testing and verification of security tech-
nology conducted by third parties. 
(C) PROPRIETARY INFORMATION.—The re-
port required by subparagraph (A) shall— 
(i) not include identifying information 
regarding an individual or entity or equip-
ment; and 
(ii) protect proprietary information. 
(g) INFORMATION TECHNOLOGY SECURITY.—Not later 
than 90 days after the date of enactment of this Act, the 
Administrator shall submit to the appropriate committees 
of Congress a plan to conduct recurring reviews of the oper-
ational, technical, and management security controls for 
Administration information technology systems at airports 
SEC. 1925. COMPUTED TOMOGRAPHY PILOT PROGRAMS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall carry 
out a pilot program to test the use of screening equipment 
using computed tomography technology to screen baggage 
at passenger screening checkpoints at airports. 
(b) FEASIBILITY STUDY.—
968 
(1) IN GENERAL.—Not later than 120 days after 
the date of enactment of this Act, the Administrator, 
in coordination with the Under Secretary for Science 
and Technology of the Department, shall submit to 
the appropriate committees of Congress a feasibility 
study regarding expanding the use of computed to-
mography technology for the screening of air cargo 
transported on passenger aircraft operated by an air 
carrier or foreign air carrier in air transportation, 
interstate air transportation, or interstate air com-
merce. 
(2) CONSIDERATIONS.—In conducting the feasi-
bility study under paragraph (1), the Administrator 
shall consider the following: 
(A) Opportunities to leverage computed to-
mography systems used for screening passengers 
and baggage. 
(B) Costs and benefits of using computed to-
mography technology for screening air cargo. 
(C) An analysis of emerging computed to-
mography systems that may have potential to 
enhance the screening of air cargo, including sys-
tems that may address aperture challenges asso-
ciated with screening certain categories of air 
cargo.
969 
(D) An analysis of emerging screening tech-
nologies, in addition to computed tomography, 
that may be used to enhance the screening of air 
cargo. 
(c) PILOT PROGRAM.—Not later than 120 days after 
the date the feasibility study is submitted under subsection 
(b), the Administrator shall initiate a 2-year pilot program 
to achieve enhanced air cargo security screening outcomes 
through the use of new or emerging screening technologies, 
such as computed tomography technology, as identified 
through such study. 
(d) UPDATES.—Not later than 60 days after the date 
the pilot program under subsection (c) is initiated, and bi-
annually thereafter for 2 years, the Administrator shall 
brief the appropriate committees of Congress on the progress 
of implementation of such pilot program. 
(e) DEFINITIONS.—In this section: 
(1) AIR CARRIER.—The term ‘‘air carrier’’ has 
the meaning given the term in section 40102 of title 
49, United States Code. 
(2) AIR TRANSPORTATION.—The term ‘‘air trans-
portation’’ has the meaning given the term in section 
40102 of title 49, United States Code.
970 
(3) FOREIGN AIR CARRIER.—The term ‘‘foreign 
air carrier’’ has the meaning given the term in sec-
tion 40102 of title 49, United States Code. 
(4) INTERSTATE
AIR
COMMERCE.—The term 
‘‘interstate air commerce’’ has the meaning given the 
term in section 40102 of title 49, United States Code. 
(5) INTERSTATE
AIR
TRANSPORTATION.—The 
term ‘‘interstate air transportation’’ has the meaning 
given the term in section 40102 of title 49, United 
States Code. 
Subtitle C—Public Area Security 
SEC. 1926. DEFINITIONS. 
In this subtitle: 
(1) BEHAVIORAL STANDARDS.—The term ‘‘behav-
ioral standards’’ means standards for the evaluation 
of explosives detection working canines for certain 
factors, including canine temperament, work drive, 
suitability for training, environmental factors used in 
evaluations, and canine familiarity with natural or 
man-made surfaces or working conditions relevant to 
the canine’s expected work area. 
(2) MEDICAL STANDARDS.—The term ‘‘medical 
standards’’ means standards for the evaluation of ex-
plosives detection working canines for certain factors, 
including canine health, management of heredity
971 
health conditions, breeding practices, genetics, pedi-
gree, and long-term health tracking. 
(3) TECHNICAL
STANDARDS.—The term ‘‘tech-
nical standards’’ means standards for the evaluation 
of explosives detection working canines for certain 
factors, including canine search techniques, handler- 
canine communication, detection testing conditions 
and logistics, and learned explosive odor libraries. 
SEC. 1927. EXPLOSIVES DETECTION CANINE CAPACITY 
BUILDING. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall estab-
lish a working group to determine ways to support decen-
tralized, non-Federal domestic canine breeding capacity to 
produce high quality explosives detection canines and mod-
ernize canine training standards. 
(b) WORKING GROUP COMPOSITION.—The working 
group established under subsection (a) shall be comprised 
of representatives from the following: 
(1) The TSA. 
(2) The Science and Technology Directorate of 
the Department. 
(3) National domestic canine associations with 
expertise in breeding and pedigree.
972 
(4) Universities with expertise related to explo-
sives detection canines and canine breeding. 
(5) Domestic canine breeders and vendors. 
(c) CHAIRPERSONS.—The Administrator shall approve 
of 2 individuals from among the representatives of the work-
ing group specified in subsection (b) to serve as the Chair-
persons of the working group as follows: 
(1) One Chairperson shall be from an entity 
specified in paragraph (1) or (2) of that subsection. 
(2) One Chairperson shall be from an entity 
specified in paragraph (3), (4), or (5) of that sub-
section. 
(d) PROPOSED
STANDARDS
AND
RECOMMENDA-
TIONS.—Not later than 180 days after the date the working 
group is established under subsection (a), the working group 
shall submit to the Administrator— 
(1) proposed behavioral standards, medical 
standards, and technical standards for domestic ca-
nine breeding and canine training described in that 
subsection; and 
(2) recommendations on how the TSA can en-
gage stakeholders to further the development of such 
domestic non-Federal canine breeding capacity and 
training.
973 
(e) STRATEGY.—Not later than 180 days after the date 
the recommendations are submitted under subsection (d), 
the Administrator shall develop and submit to the appro-
priate committees of Congress a strategy for working with 
non-Federal stakeholders to facilitate expanded the domestic 
canine breeding capacity described in subsection (a), based 
on such recommendations. 
(f) CONSULTATION.—In developing the strategy under 
subsection (e), the Administrator shall consult with the 
Under Secretary for Science and Technology of the Depart-
ment, the Commissioner for U.S. Customs and Border Pro-
tection, the Director of the United States Secret Service, and 
the heads of such other Federal departments or agencies as 
the Administrator considers appropriate to incorporate, to 
the extent practicable, mission needs across the Department 
for an expanded non-Federal domestic explosives detection 
canine breeding capacity that can be leveraged to help meet 
the Department’s operational needs. 
(g) TERMINATION.—The working group established 
under subsection (a) shall terminate on the date that the 
strategy is submitted under subsection (e), unless the Ad-
ministrator extends the termination date for the purposes 
of section 1928. 
(h) NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5
974 
U.S.C. App.) shall not apply to the working group estab-
lished under this Act. 
SEC. 1928. THIRD PARTY DOMESTIC CANINES. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, to enhance the efficiency and effi-
cacy of transportation security by increasing the supply of 
canine teams for use by the TSA and transportation stake-
holders, the Administrator shall develop and issue behav-
ioral standards, medical standards, and technical stand-
ards, based on the recommendations of the working group 
under section 1927, that a third party explosives detection 
canine must satisfy to be certified for the screening of indi-
viduals and property, including detection of explosive va-
pors among individuals and articles of property, in public 
areas of an airport under section 44901 of title 49, United 
States Code. 
(b) AUGMENTING PUBLIC AREA SECURITY.— 
(1) IN GENERAL.—The Administrator shall de-
velop guidance on the coordination of development 
and deployment of explosives detection canine teams 
for use by transportation stakeholders to enhance pub-
lic area security at transportation hubs, including 
airports.
975 
(2) CONSULTATION.—In developing the guidance 
under paragraph (1), the Administrator shall consult 
with— 
(A) the working group established under 
section 1927; 
(B) the officials responsible for carrying out 
section 1941; and 
(C) such transportation stakeholders, canine 
providers, law enforcement, privacy groups, and 
transportation security providers as the Admin-
istrator considers relevant. 
(c) AGREEMENT.—Subject to subsections (d), (e), and 
(f), not later than 270 days after the issuance of standards 
under subsection (a), the Administrator shall, to the extent 
possible, enter into an agreement with at least 1 third party 
to test and certify the capabilities of canines in accordance 
with the standards under subsection (a). 
(d) EXPEDITED DEPLOYMENT.—In entering into an 
agreement under subsection (c), the Administrator shall 
use— 
(1) the other transaction authority under section 
114(m) of title 49, United States Code; or 
(2) such other authority of the Administrator as 
the Administrator considers appropriate to expedite 
the deployment of additional canine teams.
976 
(e) PROCESS.—Before entering into an agreement 
under subsection (c), the Administrator shall— 
(1) evaluate and verify the third party’s ability 
to effectively evaluate the capabilities of canines; 
(2) designate key elements required for appro-
priate evaluation venues where third parties may 
conduct testing; and 
(3) periodically assess the program at evaluation 
centers to ensure the proficiency of the canines beyond 
the initial testing and certification by the third 
party. 
(f) CONSULTATION.—To determine best practices for 
the use of third parties to test and certify the capabilities 
of canines, the Administrator shall consult with the fol-
lowing persons before entering into an agreement under 
subsection (c): 
(1) The Secretary of State. 
(2) The Secretary of Defense. 
(3) Non-profit organizations that train, certify, 
and provide the services of canines for various pur-
poses. 
(4) Institutions of higher education with research 
programs related to use of canines for the screening 
of individuals and property, including detection of
977 
explosive vapors among individuals and articles of 
property. 
(g) THIRD PARTY EXPLOSIVES DETECTION CANINE 
PROVIDER LIST.— 
(1) IN GENERAL.—Not later than 90 days after 
the date the Administrator enters into an agreement 
under subsection (c), the Administrator shall develop 
and maintain a list of the names of each third party 
from which the TSA procures explosive detection ca-
nines, including for each such third party the rel-
evant contractual period of performance. 
(2) DISTRIBUTION.—The Administrator shall 
make the list under paragraph (1) available to appro-
priate transportation stakeholders in such form and 
manner as the Administrator prescribes. 
(h) OVERSIGHT.—The Administrator shall establish a 
process to ensure appropriate oversight of the certification 
program and compliance with the standards under sub-
section (a), including periodic audits of participating third 
parties. 
(i) AUTHORIZATION.— 
(1) TSA.—The Administrator shall develop and 
implement a process for the TSA to procure third 
party explosives detection canines certified under this 
section.
1067 
(2) by adding at the end the following: 
‘‘(iv) PERIODIC REVIEW.—The Admin-
istrator shall periodically review requali-
fication 
training 
intervals 
and 
assess 
whether it is appropriate and sufficient to 
adjust the time between each requalification 
training to facilitate continued participa-
tion in the program under this section while 
still maintaining effectiveness of the train-
ing, and update the training requirements 
as appropriate.’’. 
(c) 
TRAINING
REVIEW.—Section 
44921(c)(2) 
is 
amended by adding at the end the following: 
‘‘(D) TRAINING REVIEW.—Not later than 2 
years after the date of enactment of the TSA 
Modernization Act, and biennially thereafter, the 
Administrator shall review training facilities 
and training requirements for initial and recur-
rent training for Federal flight deck officers and 
evaluate how training requirements, including 
the length of training, could be streamlined while 
maintaining the effectiveness of the training, and 
update the training requirements as appro-
priate.’’.