H. R. 302—371 
(2) may direct the TSA to administer the Transportation 
Security Laboratory if the review under paragraph (1) identifies 
the TSA as the most appropriate component. 
(b) PERIODIC REVIEWS.—The Secretary shall periodically review 
the screening technology test and evaluation process conducted 
at the Transportation Security Laboratory to improve the coordina-
tion, collaboration, and communication between the Transportation 
Security Laboratory and the TSA to identify factors contributing 
to acquisition 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. 
(c) REPORTS.—The Secretary shall report the findings of each 
review under this section to the appropriate committees of Congress. 
SEC. 1916. INNOVATION TASK FORCE. 
(a) IN GENERAL.—The Administrator shall establish an innova-
tion task force— 
(1) to cultivate innovations in transportation security; 
(2) to develop and recommend how to prioritize and stream-
line requirements for new approaches to transportation secu-
rity; 
(3) to accelerate the development and introduction of new 
innovative transportation security technologies and improve-
ments to transportation security operations; and 
(4) to provide industry with access to the airport environ-
ment during the technology development and assessment 
process to demonstrate the technology and to collect data to 
understand and refine technical operations 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 security, including— 
(A) by conducting a field demonstration of such a tech-
nology, capability, or process in the airport environment; 
(B) by gathering performance data from such a dem-
onstration to inform the acquisition process; and 
(C) by enabling a small business with an innovative 
technology or emerging security capability, but less than 
adequate resources, to participate in such a demonstration; 
(2) conduct at least quarterly collaboration meetings with 
industry, including air carriers, airport operators, and other 
transportation security stakeholders to highlight and discuss 
best practices on innovative security operations and technology 
evaluation and deployment; and 
(3) submit to the appropriate committees of Congress an 
annual report on the effectiveness of key performance data 
from task force-sponsored projects and checkpoint enhance-
ments. 
(c) COMPOSITION.— 
(1) APPOINTMENT.—The Administrator, in consultation with 
the Chairperson of ASAC shall appoint the members of the 
task force. 
(2) CHAIRPERSON.—The task force shall be chaired by the 
Administrator’s designee.
H. R. 302—372 
(3) REPRESENTATION.—The task force shall be comprised 
of representatives of— 
(A) the relevant offices of the TSA; 
(B) if considered appropriate by the Administrator, 
the Science and Technology Directorate of the Department 
of Homeland Security; 
(C) any other component of the Department of Home-
land Security that the Administrator considers appropriate; 
and 
(D) such industry representatives as the Administrator 
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 Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the task force estab-
lished under this section. 
SEC. 1917. 5-YEAR TECHNOLOGY INVESTMENT PLAN UPDATE. 
Section 1611 of the Homeland Security Act of 2002 (6 U.S.C. 
563) is amended— 
(1) in subsection (g)— 
(A) by striking the matter preceding paragraph (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 
‘‘(2) include— 
‘‘(A) information relating to technology investments by 
the Transportation Security Administration and the private 
sector that the Department supports with research, 
development, testing, and evaluation for aviation, including 
air cargo, and surface transportation security; 
‘‘(B) information about acquisitions completed during 
the fiscal year preceding the fiscal year during which the 
report is submitted; 
‘‘(C) information relating to equipment of the Transpor-
tation Security Administration that is in operation after 
the end of the life-cycle of the equipment specified by 
the manufacturer of the equipment; and
H. R. 302—373 
‘‘(D) to the extent practicable, a classified addendum 
to report sensitive transportation security risks and associ-
ated capability gaps that would be best addressed by secu-
rity-related technology 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 Representatives 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 allo-
cated to the procurement of a technology; or 
‘‘(B) an increase or decrease in the number of a tech-
nology.’’. 
SEC. 1918. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY. 
(a) IN GENERAL.—Title XVI of the Homeland Security Act of 
2002 (6 U.S.C. 561 et seq.), as amended by section 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 Administrator shall 
develop and implement a preventive maintenance validation process 
for security-related technology deployed to airports. 
‘‘(b) MAINTENANCE
BY ADMINISTRATION PERSONNEL
AT AIR-
PORTS.—For maintenance to be carried out by Administration per-
sonnel at airports, the process referred to in subsection (a) shall 
include the following: 
‘‘(1) Guidance to Administration personnel at airports speci-
fying how to conduct and document preventive 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 mainte-
nance to be carried by a contractor at airports, the process referred 
to in subsection (a) shall require the following: 
‘‘(1) Provision of monthly preventative maintenance sched-
ules to appropriate Administration personnel 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 Administrator shall 
require maintenance for any contracts entered into 60 days after 
the date of enactment of the TSA Modernization Act or later for 
security-related technology deployed to airports to include penalties
H. R. 302—374 
for noncompliance when it is determined that either preventive 
or corrective maintenance has not been completed according to 
contractual 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 Commissioner 
of U.S. Customs and Border Protection shall consult with each 
other on the deployment of biometric technologies. 
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to permit the Commissioner of U.S. Customs and Border 
Protection to facilitate or expand the deployment of biometric tech-
nologies, or otherwise collect, use, or retain biometrics, not author-
ized 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 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 appro-
priate committees of Congress, and to any Member of Congress 
upon the request of that Member, a report that includes specific 
assessments from the Administrator 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 expansion of 
the use of biometric technology under paragraph (1), including 
methods proposed or implemented 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 matching perform-
ance 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 program, the 
following: 
(A) Assessments of— 
(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 unduly burden categories 
of travelers, such as a certain race, gender, or nation-
ality; 
(iii) the extent to which and how biometric tech-
nologies could address instances of travelers to the 
United States overstaying their visas, including— 
(I) an estimate of how often biometric matches 
are contained in an existing database;