[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6459 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 6459


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2018

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
  To amend the Homeland Security Act of 2002 to require a strategy to 
    diversify the technology stakeholder marketplace regarding the 
 acquisition by the Transportation Security Administration of security 
            screening technologies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TSA Opportunities to Pursue Expanded 
Networks for Business Act'' or the ``TSA OPEN for Business Act''.

SEC. 2. STRATEGY.

    (a) In General.--Subtitle B of title XVI of the Homeland Security 
Act of 2002 (6 U.S.C. 563 et seq.) is amended by adding at the end 
following new section:

``SEC. 1617. DIVERSIFIED TECHNOLOGY STAKEHOLDER MARKETPLACE.

    ``(a) In General.--Not later than 120 days after the date of the 
enactment of this section, the Administrator shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
strategy to diversify the technology stakeholder marketplace that the 
Administrator relies upon to acquire security screening technologies, 
including by increased participation of small business innovators.
    ``(b) Contents.--The strategy required under subsection (a) shall 
include the following:
            ``(1) Information on how Administration solicitation, 
        testing, evaluation, piloting, acquisition, and procurement 
        processes impact the Administrator's ability to acquire from a 
        technology stakeholder, including a small business innovator, 
        that has not previously provided technology to the 
        Administration, an innovative technology or capability with the 
        potential to enhance transportation security.
            ``(2) Specific actions that the Administrator will take, 
        including modifications to the processes described in paragraph 
        (1), to foster diversification within the technology 
        stakeholder marketplace, together with information on projected 
        timelines for such actions.
            ``(3) Plans for how the Administrator may, to the extent 
        practicable, assist a small business innovator at certain 
        points in such processes, including when such an innovator 
        lacks adequate resources to participate in such processes, to 
        help ensure that an advanced technology or capability can be 
        developed and acquired by the Administrator.
            ``(4) A feasibility assessment of partnering with an 
        organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 and exempt from tax under section 501(a) 
        of such Code to help provide venture capital to businesses, 
        particularly small business innovators, for commercialization 
        of innovative homeland security technologies that are expected 
        to be ready for commercialization in the near term and within 
        36 months. In conducting such feasibility assessment, the 
        Administrator shall consider the following:
                    ``(A) 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, 
                modeled after the In-Q-tel program, as a venture 
                capital partnership between the private sector and the 
                intelligence community to help businesses, particularly 
                small business innovators, commercialize innovative 
                security-related technologies.
                    ``(B) Enhanced engagement, either through the 
                Science and Technology Directorate of the Department of 
                Homeland Security or directly, with the In-Q-tel 
                program described in subparagraph (A).
    ``(c) Rule of Construction.--Nothing in this section may be 
construed as requiring changes to the Transportation Security 
Administration standards for security technology.
    ``(d) Definitions.--In this section:
            ``(1) Intelligence community.--The term `intelligence 
        community' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            ``(2) Small business concern.--The term `small business 
        concern' has the meaning described under section 3 of the Small 
        Business Act (15 U.S.C. 632).
            ``(3) Small business innovator.--The term `small business 
        innovator' means a stakeholder that is a small business concern 
        that has an advanced transportation security technology or 
        capability.''.
    (b) Comptroller General Review.--Not later than one year after the 
submission of the strategy required under section 1617 of the Homeland 
Security Act of 2002 (as added by subsection (a)), the Comptroller 
General of the United States shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a review of the extent to 
which such strategy addresses the requirements of such section, has 
resulted in increased participation of small business innovators in the 
technology stakeholder marketplace, and has resulted in a 
diversification of the marketplace.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 1616 the following new item:

``Sec. 1617. Diversified technology stakeholder marketplace.''.

            Passed the House of Representatives September 4, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.