[Congressional Record Volume 164, Number 146 (Tuesday, September 4, 2018)]
[House]
[Pages H7789-H7791]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     TSA OPPORTUNITIES TO PURSUE EXPANDED NETWORKS FOR BUSINESS ACT

  Mr. McCAUL. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 6459) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6459

       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

[[Page H7790]]

     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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. McCaul) and the gentleman from Mississippi (Mr. Thompson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. McCAUL. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
any extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. McCAUL. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H.R. 6459, the TSA 
Opportunities to Pursue Expanded Networks for Business Act, also known 
as the TSA OPEN for Business Act, sponsored by the ranking member of 
the Committee on Homeland Security, Mr. Thompson.
  This bipartisan legislation seeks to improve how TSA partners with 
the private sector to offer innovative technologies for passenger 
screening. In particular, this bill aims to bolster access for small 
businesses to TSA's acquisition process and better serve the public.
  Specifically, this bill directs the TSA administrator to develop a 
strategy to diversify the stakeholder marketplace used to acquire 
advanced security technologies. This strategy must include plans to 
assist small businesses with navigating the agency's acquisitions and 
procurement processes, which are often overly bureaucratic.
  Additionally, the bill will help establish public-private 
partnerships that will direct venture capital toward emerging, 
promising technologies.
  Madam Speaker, our airline industry still remains the crown jewel of 
targets for international terrorists. The public deserves to have the 
best security in place throughout America's transportation and aviation 
sector, and it is incumbent upon the TSA to create a streamlined way of 
identifying and deploying advanced security technologies.
  Since its creation, TSA has struggled to expand participation by 
small businesses and direct resources towards promising technologies. 
Ranking Member Thompson's legislation reduces bureaucratic hurdles, 
while promoting private sector innovation.
  Madam Speaker, I want to thank the ranking member for introducing 
this excellent legislation, as well as the chairman of the Subcommittee 
on Transportation and Protective Security, Mr. Katko, for his 
leadership on this issue.
  This legislation offers a bipartisan approach to improving 
opportunities for small businesses seeking to partner with TSA, and 
improves the security of our Nation's transportation systems.
  Madam Speaker, I urge my colleagues to support the bill, and I 
reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Madam Speaker, I yield myself such time 
as I may consume.
  Madam Speaker, I rise in support of H.R. 6459, the TSA Opportunities 
to Pursue Expanded Networks for Business Act, or TSA OPEN for Business 
Act.
  Madam Speaker, the Transportation Security Administration must 
acquire and deploy effective security technology to keep up with 
current threats. To do so, TSA must ensure its acquisition processes 
incentivize security manufacturers to develop innovative solutions and 
compete for contract awards.
  Unfortunately, in practice, TSA's processes are unwieldy and full of 
delays and roadblocks that limit interest and competition. Today, 
companies looking to do business with TSA for the first time must 
invest significant resources and expend years of effort on testing and 
piloting before ever receiving a single purchase order.
  For small businesses, which generally lack other revenue streams to 
underwrite their operations while working through the maze of TSA's 
processes, these impediments often prove insurmountable. There is no 
way of knowing how many small businesses have had innovative security 
solutions, but pursued other opportunities rather than risk getting 
tangled up in TSA's acquisition web.
  My bill, the TSA OPEN for Business Act, requires TSA to develop a 
strategy to diversify the technology stakeholder marketplace that it 
relies upon to acquire security technologies. Importantly, the strategy 
must address barriers to participation for businesses that have not 
previously provided technology to TSA, including small business 
innovators.
  It also requires TSA to conduct a feasibility assessment of 
partnering with a nonprofit organization to provide venture capital to 
help businesses commercialize innovative technologies, similar to the 
In-Q-Tel program that has been so successful within the intelligence 
community.
  By pushing TSA to take proactive action to diversify the security 
technology marketplace, H.R. 6459 has the potential to increase 
competition within the transportation security technology marketplace 
to ultimately deliver better security.

                              {time}  1700

  Madam Speaker, in fiscal year 2017, TSA awarded over $1.6 billion in 
contracts. Within such a large marketplace, there should be plenty of 
space for businesses of all sizes with innovative ideas to compete. 
H.R. 6459 will push TSA to take steps to diversify the security 
technology marketplace to ensure that it is positioned to acquire the 
most innovative technology available.
  Madam Speaker, I thank my colleagues on the other side for their 
support, and I yield back the balance of my time.
  Mr. McCAUL. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, in closing, I thank Ranking Member Thompson for 
bringing this legislation.
  When a lot of people look at TSA, they look at the lines and the 
screening that takes place. Sometimes I often think they don't get the 
respect that they deserve.
  TSA does a lot more than screening at airports. It screens overseas; 
it has intelligence leads to stop terrorists from coming into the 
country; and, most importantly, it stops terrorists with the latest 
threat that we have that I can say publicly now: turning laptops into 
bombs and toxic gas. That is a threat that keeps me up at night with 
U.S.-bound passengers from airports like Istanbul, Cairo, and Riyadh 
into JFK Airport and other airports, but also domestic flights. It is 
important that we pass this bill that the ranking member introduced to 
make sure that TSA has the best technology available to stop that 
threat.
  I am proud to say that we have worked in a bipartisan fashion to 
ensure that the moneys have been appropriated to buy these new 
technologies and new machines that outdated technology cannot see or 
screen but the updated technology can. We owe it to the American people 
to deploy this new technology as soon and quickly as possible, given 
the immediate threat to the United States and the airline sector.
  Madam Speaker, I think this is an excellent bill. I fully support it, 
and I urge my colleagues to support it as well.
  Madam Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Madam Speaker, I rise in strong support of H.R. 
6459, the ``TSA OPEN for Business Act,'' which amends the Homeland 
Security Act of 2002, to diversify the technology stakeholder 
marketplace for TSA acquisitions.
  I would like to thank Ranking Member Thompson for his leadership on 
the Committee on Homeland Security and for introducing this important 
bill to improve transportation security.
  H.R. 6459 directs the Administrator of the U.S. Transportation 
Security Administration to develop and submit to Congress a strategy to 
diversify the technology stakeholder marketplace regarding the 
acquisition by the TSA of security screening technologies.
  That strategy must include:

[[Page H7791]]

  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 to foster 
diversification within the technology stakeholder market along with a 
timeline for such actions;
  3. Plans for how the administrator may assist a small business 
innovator at certain points in such process; and
  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.
  I represent the 18th Congressional District of Texas which is 
situated in Houston and home to 2 major airports, the George Bush 
International Airport and William P. Hobby Airport, which are essential 
hubs for domestic and international air travel for Houston and the 
region.
  Nearly 40 million passengers traveled through George Bush 
International Airport (IAH) and an additional 10 million traveled 
through William P. Hobby (HOU).
  More than 650 daily departures occur at George Bush International 
Airport, which is also the 11th busiest airport in the U.S. for total 
passenger traffic and annually handles more than 419,205 metric tons of 
cargo.
  As better transportation security technology becomes available, it is 
imperative that it be adequately evaluated for use in our nation's 
airports.
  The size of a company should not limit it from contributing to the 
important work of aviation security.
  We should support advances in transportation security technology that 
are positive and help fulfill the TSA's mission to protect our nation's 
transportation systems from terrorist threats.
  I ask that all members join me in voting to pass H.R. 6459, the ``TSA 
OPEN for Business Act.''
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. McCaul) that the House suspend the rules and 
pass the bill, H.R. 6459.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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