H. R. 302—355 
(C) Improvements needed with respect to the maritime 
border— 
(i) to prevent terrorists and instruments of terror 
from entering the United States; and 
(ii) reduce criminal activity related to the maritime 
border. 
(D) Vulnerabilities in law, policy, cooperation between 
State, territorial, and local law enforcement, or inter-
national agreements that hinder effective and efficient 
border security, counterterrorism, anti-human trafficking 
efforts, 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 appropriate. 
(2) ANALYSIS REQUIREMENTS.—In preparing the threat anal-
ysis 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 enforce-
ment in maritime border security activities. 
(D) The need for cooperation among Federal, State, 
territorial, local, and appropriate international law enforce-
ment entities relating to maritime border security. 
(E) The geographic challenges of the maritime border. 
(F) The impact of Hurricanes Harvey, Irma, Maria, 
and Nate on general border security activities with respect 
to the maritime border. 
(3) CLASSIFIED THREAT ANALYSIS.— 
(A) IN GENERAL.—To the extent possible, the Secretary 
of Homeland Security shall submit the threat analysis 
under subsection (a) in unclassified form. 
(B) CLASSIFIED.—The Secretary may submit 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 mari-
time 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 paragraph (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 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.
H. R. 302—356 
(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 Accountability 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 IMAGING.—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))’’. 
(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 COORDINATION.— 
(1) IN GENERAL.—Section 233 of the Security and Account-
ability 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 Sec-
retary of State, the Secretary of Energy, and appropriate representa-
tives of other Federal agencies, may provide technical assistance, 
equipment, and training to facilitate the implementation of supply 
chain security measures at ports designated under the Container 
Security Initiative. 
‘‘(b) ACQUISITION AND TRAINING.—Unless otherwise prohibited 
by law, the Secretary may— 
‘‘(1) lease, loan, provide, or otherwise assist in the deploy-
ment of nonintrusive inspection and radiation detection equip-
ment at foreign land and sea ports under such terms and 
conditions as the Secretary prescribes, including nonreimburs-
able loans or the transfer of ownership of equipment; and 
‘‘(2) provide training and technical assistance for domestic 
or foreign personnel responsible for operating 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 relating to section 233 to read as follows: 
‘‘Sec. 233. Inspection technology and training.’’. 
(f) PILOT PROGRAM TO IMPROVE THE SECURITY OF EMPTY CON-
TAINERS.—Section 235 of the Security and Accountability for Every
H. R. 302—357 
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 Security and Account-
ability for Every Port Act of 2006 (Public 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 section 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 Mod-
ernization Act’’. 
(b) REFERENCES TO TITLE 49, UNITED STATES CODE.—Except 
as otherwise expressly provided, wherever in this title an amend-
ment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered 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 ‘‘Administrator’’ means the 
Administrator of the TSA. 
(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 Govern-
mental Affairs of the Senate; and 
(C) the Committee on Homeland Security of the House 
of Representatives. 
(3) ASAC.—The term ‘‘ASAC’’ means the Aviation 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 ‘‘explo-
sives detection canine team’’ means a canine and a canine 
handler that are trained to detect explosives and other threats 
as defined by the Secretary. 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
(7) TSA.—The term ‘‘TSA’’ means the Transportation Secu-
rity Administration.
H. R. 302—358 
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 author-
ized to be appropriated to the Transportation Security Administra-
tion for salaries, operations, and maintenance of the Administra-
tion— 
‘‘(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 SECURITY 
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 Transpor-
tation’’ and inserting ‘‘Department of Homeland Security’’; 
(2) by amending subsection (b) to read as follows: 
‘‘(b) LEADERSHIP.— 
‘‘(1) HEAD OF TRANSPORTATION SECURITY ADMINISTRATION.— 
‘‘(A) APPOINTMENT.—The head of the Administration 
shall be the Administrator of the Transportation Security 
Administration (referred to in this section as the ‘Adminis-
trator’). The Administrator shall be appointed by the Presi-
dent, 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 Modernization 
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 Adminis-
trator, who shall assist the Administrator in the manage-
ment of the Transportation Security Administration. The 
Deputy Administrator 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 
Administrator 
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.—
H. R. 302—359 
‘‘(A) APPOINTMENT.—There is established in the 
Transportation Security Administration a Chief Counsel, 
who shall advise the Administrator and other senior offi-
cials on all legal matters 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 
(3) in subsections (c) through (n), (p), (q), and (r), by striking 
‘‘Under Secretary’’ each place it appears 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 subparagraph (A), 
by striking ‘‘Subject to the direction and control 
of the Secretary’’ and inserting ‘‘Subject to the 
direction and control of the Secretary of Homeland 
Security’’; and 
(II) in subparagraph (D), by inserting ‘‘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’’; 
(D) in subsection (l)(4)(B), by striking ‘‘Administrator 
under subparagraph (A)’’ and inserting ‘‘Administrator of 
the Federal Aviation Administration under subparagraph 
(A)’’; 
(E) in subsection (n), by striking ‘‘Department of 
Transportation’’ and inserting ‘‘Department of Homeland 
Security’’; 
(F) in subsection (o), by striking ‘‘Department of 
Transportation’’ and inserting ‘‘Department of Homeland 
Security’’; 
(G) in subsection (p)(4), by striking ‘‘Secretary of 
Transportation’’ and inserting ‘‘Secretary 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 CONGRESS’’ and inserting ‘‘SUBMISSION 
OF PLANS’’; 
(II) by striking subparagraph (A); 
(III) by redesignating subparagraphs (B) 
through (E) as subparagraphs (A) through (D), 
respectively; 
(IV) in subparagraph (A), as redesignated—
H. R. 302—362 
‘‘(iii) operator compliance with surface transpor-
tation security law, including regulations, and vol-
untary industry standards; and 
‘‘(iv) workforce training and development pro-
grams, and other specialized programs designed to 
secure surface transportation. 
‘‘(C) Transportation industry engagement and plan-
ning, including the development, interpretation, 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 stakeholders, 
including airports, domestic and international airlines, gen-
eral 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 international partners to secure 
the global transportation network. 
‘‘(E) 
Trusted 
and 
registered 
traveler 
programs, 
including the management and marketing of the agency’s 
trusted traveler initiatives, including the PreCheck Pro-
gram, and coordination with trusted traveler programs of 
other Department of Homeland Security agencies and the 
private sector. 
‘‘(F) Technology acquisition and deployment, including 
the oversight, development, testing, evaluation, acquisition, 
deployment, and maintenance of security technology and 
other acquisition programs. 
‘‘(G) Inspection and compliance, including the integrity, 
efficiency and effectiveness of the agency’s workforce, oper-
ations, and programs through objective audits, covert 
testing, inspections, criminal investigations, and regulatory 
compliance. 
‘‘(H) Civil rights, liberties, and traveler engagement, 
including ensuring that agency employees 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, including commu-
nication and engagement with internal and external 
audiences in a timely, accurate, and transparent manner, 
and development and implementation of strategies within 
the agency 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 EFFI-
CIENCY. 
(a) EFFICIENCY REVIEW.—
H. R. 302—363 
(1) IN GENERAL.—Not later than 270 days after the date 
of enactment of this Act, the Administrator shall complete 
a comprehensive, agency-wide efficiency review of the TSA to 
identify and effectuate spending reductions and administrative 
savings that can be achieved by the streamlining or restruc-
turing of TSA divisions. 
(2) REQUIREMENTS.—In carrying out the review under para-
graph (1), the Administrator shall consider the following: 
(A) Eliminating unnecessarily duplicative or overlap-
ping programs and initiatives. 
(B) Eliminating unnecessary or obsolete rules, regula-
tions, directives, or procedures. 
(C) Reducing overall operating expenses of the TSA, 
including costs associated with the number of personnel, 
as a direct result of efficiencies gained through the 
implementation of risk-based screening or through any 
other means as determined appropriate by the Adminis-
trator in accordance with this section. 
(D) Reducing, by 20 percent, the number of positions 
at the Senior Executive Service level at the TSA as cal-
culated 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 Con-
gress a report on the findings, including a description of any cost 
savings expected to be achieved by the streamlining or restructuring 
of TSA divisions. 
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 convene a working 
group consisting of representatives of the TSA and representatives 
of the labor organization representing security screening personnel 
to recommend reforms to the TSA’s personnel management system, 
including appeals to the Merit Systems Protection Board and griev-
ance 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 rec-
ommendations to reform 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 terminate on the 
date that the report is submitted under subsection (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: 
‘‘(ii) received after September 11, 2001, by a Fed-
eral air marshal or criminal investigator (as defined 
in section 5545a(a)(2)) of the Transportation Security 
Administration, subject to all restrictions and earning 
limitations imposed on criminal investigators receiving
H. R. 302—364 
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 received 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 Transportation Security 
Administration treated such pay as retirement-creditable 
basic pay, but the Office of Personnel Management, based 
on an interpretation of section 8331(3) of title 5, United 
States Code, did not accept such pay as retirement-cred-
itable basic pay. 
(B) IMPLEMENTATION.—Not later than 3 months after 
the date of enactment of this Act, the Director of the 
Office of Personnel Management shall commence taking 
such actions as are necessary to implement the amend-
ments 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 PROFES-
SIONALS. 
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 DISTINGUISHED EXECUTIVE 
RANK
AWARDS.—Notwithstanding section 40122(g)(2) of this 
title, the applicable sections of title 5 shall apply to the 
Transportation Security Administration personnel management 
system, except that— 
‘‘(A) for purposes of applying such provisions to the 
personnel management system— 
‘‘(i) the term ‘agency’ means the Department of 
Homeland Security; 
‘‘(ii) the term ‘senior executive’ means a Transpor-
tation Security Administration executive serving on 
a Transportation Security Executive Service appoint-
ment; 
‘‘(iii) the term ‘career appointee’ means a Transpor-
tation Security Administration executive serving on 
a career Transportation Security Executive Service 
appointment; and 
‘‘(iv) The term ‘senior career employee’ means a 
Transportation Security Administration employee cov-
ered by the Transportation Security Administration 
Core Compensation System at the L or M pay band;
H. R. 302—365 
‘‘(B) receipt by a career appointee or a senior career 
employee of the rank of Meritorious Executive or Meri-
torious Senior Professional entitles the individual to a 
lump-sum payment of an amount equal to 20 percent of 
annual basic pay, which shall be in addition to the basic 
pay paid under the applicable Transportation Security 
Administration pay system; and 
‘‘(C) receipt by a career appointee or a senior career 
employee of the rank of Distinguished Executive or Distin-
guished 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 sections 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 appropriate committees 
of Congress, the Administrator shall transmit such communication 
directly to the appropriate committees of Congress. 
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 enactment of this Act, 
a program to enable a vendor of related security screening tech-
nology to obtain testing and verification, including as an alternative 
to the TSA’s test and evaluation process, by an appropriate third 
party, of such technology before procurement or deployment. 
(b) DETECTION TESTING.— 
(1) IN GENERAL.—The third party testing and verification 
program authorized under subsection (a) shall include detection 
testing to evaluate the performance of the security screening 
technology system regarding the probability of detection, the 
probability of false alarm, and such other indicators that the 
system is able to meet the TSA’s mission needs. 
(2) RESULTS.—The results of the third party detection 
testing under paragraph (1) shall be considered final if the 
results are approved by the Administration in accordance with 
approval standards developed by the Administrator. 
(3) COORDINATION
WITH
FINAL
TESTING.—To the extent 
practicable, but without compromising the integrity of the TSA 
test and evaluation process, the Administrator shall coordinate 
the third party detection testing under paragraph (1) with 
any subsequent, final Federal Government testing.
H. R. 302—366 
(4) INTERNATIONAL STANDARDS.—To the extent practicable 
and permissible under law and considering the national security 
interests of the United States, the Administrator shall— 
(A) share detection testing information and standards 
with appropriate international partners; and 
(B) coordinate with the appropriate international part-
ners to align TSA testing and evaluation with relevant 
international standards to maximize the capability to detect 
explosives and other threats. 
(c) OPERATIONAL TESTING.— 
(1) IN GENERAL.—Subject to paragraph (2), the third party 
testing and verification program authorized under subsection 
(a) shall include operational testing. 
(2) LIMITATION.—Third party operational testing under 
paragraph (1) may not exceed 1 year. 
(d) ALTERNATIVE.—Third party testing under subsection (a) 
shall replace as an alternative, at the discretion of the Adminis-
trator, the testing at the TSA Systems Integration Facility, 
including testing for— 
(1) health and safety factors; 
(2) operator interface; 
(3) human factors; 
(4) environmental factors; 
(5) throughput; 
(6) reliability, maintainability, and availability factors; and 
(7) interoperability. 
(e) TESTING AND VERIFICATION FRAMEWORK.— 
(1) IN GENERAL.—The Administrator shall— 
(A) establish a framework for the third party testing 
and for verifying a security technology is operationally 
effective and able to meet the TSA’s mission needs before 
it may enter or re-enter, as applicable, the operational 
context at an airport or other transportation facility; 
(B) use phased implementation to allow the TSA and 
the third party to establish best practices; and 
(C) oversee the third party testing and evaluation 
framework. 
(2) RECOMMENDATIONS.—The Administrator shall request 
ASAC’s Security Technology Subcommittee, in consultation 
with representatives of the security manufacturers industry, 
to develop and submit to the Administrator recommendations 
for the third party testing and verification framework. 
(f) FIELD TESTING.—The Administrator shall prioritize the field 
testing and evaluation, including by third parties, of security tech-
nology and equipment at airports and on site at security technology 
manufacturers whenever possible as an alternative to the TSA 
Systems Integration Facility. 
(g) APPROPRIATE THIRD PARTIES.— 
(1) CITIZENSHIP REQUIREMENT.—An appropriate third party 
under subsection (a) shall be— 
(A) if an individual, a citizen of the United States; 
or 
(B) if an entity, owned and controlled by a citizen 
of the United States. 
(2) WAIVER.—The Administrator may waive the require-
ment under paragraph (1)(B) if the entity is a United States 
subsidiary of a parent company that has implemented a foreign
H. R. 302—367 
ownership, control, or influence mitigation plan that has been 
approved by the Defense Security Service of the Department 
of Defense before applying to provide third party testing. The 
Administrator may reject any application to provide third party 
testing under subsection (a) submitted by an entity that 
requires a waiver under this paragraph. 
(3) CONFLICTS
OF
INTEREST.—The Administrator shall 
ensure, to the extent possible, that an entity providing third 
party testing under this section does not have a contractual, 
business, or other pecuniary interest (exclusive of any such 
testing) in— 
(A) the security screening technology subject to such 
testing; or 
(B) the vendor of such technology. 
(h) GAO REVIEW.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Comptroller General of the United 
States shall submit to the appropriate committees of Congress 
a study on the third party testing program developed under 
this section 
(2) REVIEW.—The study under paragraph (1) shall include 
a review of the following: 
(A) Any efficiencies or gains in effectiveness achieved 
in TSA operations, including technology acquisition or 
screening operations, as a result of such program. 
(B) The degree to which the TSA conducts timely and 
regular oversight of the appropriate third parties engaged 
in such testing. 
(C) The effect of such program on the following: 
(i) The introduction of innovative detection tech-
nologies into security screening operations. 
(ii) The availability of testing for technologies 
developed by small to medium sized businesses. 
(D) Any vulnerabilities associated with such program, 
including with respect to the following: 
(i) National security. 
(ii) Any conflicts of interest between the appro-
priate 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 the ‘‘TSIF’’) for the purposes 
of testing and evaluating advanced transportation security 
screening technologies related to the mission of the TSA. 
(b) REQUIREMENTS.—The TSIF shall— 
(1) evaluate the technologies described in subsection (a) 
to enhance the security of transportation systems through 
screening and threat mitigation and detection; 
(2) test the technologies described in subsection (a) to sup-
port identified mission needs of the TSA and to meet require-
ments for acquisitions and procurement;
H. R. 302—368 
(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 facili-
ties for purposes of augmenting the capabilities of the TSIF; 
(5) deliver advanced transportation security screening tech-
nologies that enhance the overall security of domestic transpor-
tation 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 section 3 of the Small Business 
Act (15 U.S.C. 632)) that— 
(A) has an advanced technology or capability; but 
(B) does not have adequate resources to participate 
in testing and evaluation processes. 
(c) STAFFING AND RESOURCE ALLOCATION.—The Administrator 
shall ensure adequate staffing and resource allocations for the 
TSIF in a manner that— 
(1) prevents unnecessary delays in the testing and evalua-
tion of advanced transportation security screening technologies 
for acquisitions and procurement determinations; 
(2) ensures the issuance of final paperwork certification 
no later than 45 days after the date such testing and evaluation 
has concluded; and 
(3) ensures collaboration with technology stakeholders to 
close capabilities gaps in transportation security. 
(d) DEADLINE.— 
(1) IN GENERAL.—The Administrator shall notify the appro-
priate committees of Congress if testing and evaluation by 
the TSIF of an advanced transportation security screening tech-
nology under this section exceeds 180 days from the delivery 
date. 
(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 technology to the 
TSA for testing and evaluation; and 
(B) submits to the Administrator, in such form and 
manner as the Administrator prescribes, a signed notifica-
tion of the delivery described in subparagraph (A). 
(e) RETESTING
AND
EVALUATION.—Advanced transportation 
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 of an officer 
of the Department, or an officer of any other Federal department 
or agency, with respect to research, development, testing, and 
evaluation of technologies, including such authorities or responsibil-
ities of the Undersecretary for Science and Technology of the
H. R. 302—369 
Department and Assistant Secretary of the Countering Weapons 
of Mass Destruction Office of the Department. 
SEC. 1913. OPPORTUNITIES TO PURSUE EXPANDED NETWORKS 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 INDUSTRY MARKET-
PLACE. 
‘‘(a) IN GENERAL.—Not later than 120 days after the date of 
enactment of the TSA Modernization Act, the Administrator 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 Representatives a strategy to promote 
a diverse security technology industry marketplace upon which 
the Administrator can rely to acquire advanced transportation secu-
rity technologies or capabilities, including by increased participation 
of small business innovators. 
‘‘(b) CONTENTS.—The strategy required under subsection (a) 
shall include the following: 
‘‘(1) Information on how existing Administration solicita-
tion, testing, evaluation, piloting, acquisition, and procurement 
processes impact the Administrator’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 transportation secu-
rity. 
‘‘(2) Specific actions that the Administrator will take, 
including modifications to the processes described in paragraph 
(1), to foster diversification within the security technology 
industry marketplace. 
‘‘(3) Projected timelines for implementing the actions 
described in paragraph (2). 
‘‘(4) Plans for how the Administrator could, to the extent 
practicable, assist a small business innovator periodically 
during such processes, including when such an innovator lacks 
adequate resources to participate in such processes, to facilitate 
an advanced transportation security technology or capability 
being developed and acquired by the Administrator. 
‘‘(5) An assessment of the feasibility of partnering with 
an organization described in section 501(c)(3) of the Internal 
Revenue Code of 1986 and exempt from tax under section 
501(a) of such Code to provide venture capital to businesses, 
particularly small business innovators, for commercialization 
of innovative transportation security technologies that are 
expected to be ready for commercialization in the near term 
and within 36 months. 
‘‘(c) FEASIBILITY ASSESSMENT.—In conducting the feasibility 
assessment under subsection (b)(5), the Administrator shall consider 
the following: 
‘‘(1) Establishing an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 and exempt 
from tax under section 501(a) of such Code as a venture capital 
partnership between the private sector and the intelligence 
community to help businesses, particularly small business
H. R. 302—370 
innovators, commercialize innovative security-related tech-
nologies. 
‘‘(2) Enhanced engagement through the Science and Tech-
nology Directorate of the Department of Homeland Security. 
‘‘(d) RULE
OF CONSTRUCTION.—Nothing in this section may 
be construed as requiring changes to the Transportation Security 
Administration standards for security technology. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) INTELLIGENCE
COMMUNITY.—The term ‘intelligence 
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 section; 
(B) has resulted in increased participation of small 
business innovators in the security technology industry 
marketplace; and 
(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 authorities, shall develop 
a validation process for the reciprocal recognition of security equip-
ment technology approvals among international security partners 
or recognized certification authorities for deployment. 
(b) REQUIREMENT.—The validation process shall ensure that 
the certification by each participating international security partner 
or recognized certification authority complies with detection, quali-
fication, and information security, including cybersecurity, stand-
ards of the TSA, the Department of Homeland Security, and the 
National Institute of Standards and Technology. 
SEC. 1915. TRANSPORTATION SECURITY LABORATORY. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary, in consultation with the Adminis-
trator 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 Security Laboratory; and