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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1893 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1893

To require the Transportation Security Administration to implement best 
     practices and improve transparency with regard to technology 
             acquisition programs, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2013

  Ms. Ayotte introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To require the Transportation Security Administration to implement best 
     practices and improve transparency with regard to technology 
             acquisition programs, 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 ``Transportation Security Acquisition 
Reform Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Transportation Security Administration (referred to 
        in this Act as ``TSA'') does not consistently implement 
        Department of Homeland Security policies and Government best 
        practices for acquisition and procurement.
            (2) TSA has not developed a multiyear technology investment 
        plan. As a result, TSA has underutilized innovation 
        opportunities within the private sector, including from small 
        businesses.
            (3) Due in part to the deficiencies referred to in 
        paragraphs (1) and (2), TSA has faced challenges in meeting key 
        performance requirements for several major acquisitions and 
        procurements, resulting in reduced security effectiveness and 
        wasted expenditures.

SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION ACQUISITION REFORM.

    (a) In General.--Title XVI of the Homeland Security Act of 2002 
(116 Stat. 2312 et seq.) is amended to read as follows:

                  ``TITLE XVI--TRANSPORTATION SECURITY

                    ``Subtitle A--General Provisions

``SEC. 1601. DEFINITIONS.

    ``In this title:
            ``(1) Administration.--The term `Administration' means the 
        Transportation Security Administration.
            ``(2) Administrator.--The term `Administrator' means the 
        Administrator of the Transportation Security Administration.
            ``(3) Plan.--The term `Plan' means the multiyear technology 
        investment plan developed by the Administrator under section 
        1611.
            ``(4) Security-related technology.--The term `security-
        related technology' means any technology that assists the 
        Administration in the prevention of, or defense against, 
        threats to United States transportation systems, including 
        threats to people, property, and information.

   ``Subtitle B--Transportation Security Administration Acquisition 
                              Improvements

``SEC. 1611. MULTIYEAR TECHNOLOGY INVESTMENT PLAN.

    ``(a) In General.--The Administrator--
            ``(1) not later than 180 days after the date of the 
        enactment of this subtitle, shall develop and submit to 
        Congress a strategic multiyear technology investment plan, 
        which may include a classified addendum to report sensitive 
        transportation security risks, technology vulnerabilities, or 
        other sensitive security information; and
            ``(2) to the extent possible, shall publish the Plan in an 
        unclassified format within the public domain.
    ``(b) Consultation.--The Administrator shall develop the Plan in 
consultation with--
            ``(1) the Under Secretary for Management;
            ``(2) the Chief Information Officer; and
            ``(3) the Under Secretary for Science and Technology.
    ``(c) Approval.--The Administrator may not publish the Plan under 
subsection (a)(2) until it has been approved by the Secretary.
    ``(d) Contents of Plan.--The Plan shall include--
            ``(1) an analysis of transportation security risks and the 
        associated technology gaps, including consideration of the most 
        recent Quadrennial Homeland Security Review under section 707;
            ``(2) a set of transportation security-related technology 
        acquisition needs that--
                    ``(A) is prioritized based on risk and gaps 
                identified under paragraph (1); and
                    ``(B) includes planned technology programs and 
                projects with defined objectives, goals, and measures;
            ``(3) an analysis of current trends in domestic and 
        international passenger travel;
            ``(4) an identification of currently deployed security-
        related technologies that are at or near the end of their 
        lifecycle;
            ``(5) an identification of test, evaluation, modeling, and 
        simulation capabilities that will be required to support the 
        acquisition of the security-related technologies to meet those 
        needs;
            ``(6) an identification of opportunities for public-private 
        partnerships, small and disadvantaged company participation, 
        intragovernment collaboration, university centers of 
        excellence, and national laboratory technology transfer;
            ``(7) an identification of the Administration's acquisition 
        workforce needs that will be required for the management of 
        planned security-related technology acquisitions, including 
        consideration of leveraging acquisition expertise of other 
        Federal agencies;
            ``(8) an identification of the security resources, 
        including information security resources, that will be required 
        to protect security-related technology from physical or cyber 
        theft, diversion, sabotage, or attack; and
            ``(9) an identification of initiatives to streamline the 
        Administration's acquisition process and provide greater 
        predictability and clarity to small, medium, and large 
        businesses, including the timeline for testing and evaluation.
    ``(e) Leveraging the Private Sector.--To the extent possible, and 
in a manner that is consistent with fair and equitable practices, the 
Plan shall--
            ``(1) leverage emerging technology trends and research and 
        development investment trends within the public and private 
        sectors;
            ``(2) incorporate feedback and input received from the 
        private sector through requests for information, industry days, 
        and other innovative means consistent with the Federal 
        Acquisition Regulation; and
            ``(3) leverage market research conducted by the Under 
        Secretary for Science and Technology to identify technologies 
        that exist or are in development that, with or without 
        adaptation, could be utilized to meet mission needs.
    ``(f) Disclosure.--The Administrator shall include with the Plan a 
list of any nongovernment persons that contributed to the writing of 
the Plan.
    ``(g) Update and Report.--Once every 2 years after the initial 
strategic Plan is submitted to Congress, the Administrator shall submit 
to Congress--
            ``(1) an update of the Plan; and
            ``(2) a report on the extent to which each security-related 
        technology acquired by the Administration since the last 
        issuance or update of the Plan is consistent with the planned 
        technology programs and projects identified under subsection 
        (d)(2) for that technology.

``SEC. 1612. ACQUISITION JUSTIFICATION AND REPORTS.

    ``(a) Acquisition Justification.--Before the Administration 
implements any security-related technology acquisition, the 
Administrator, in accordance with the Department's policies and 
directives, shall determine whether the acquisition is justified by 
conducting a comprehensive analysis that includes--
            ``(1) an identification of the type and level of risk to 
        transportation security that would be addressed by such 
        technology acquisition;
            ``(2) an assessment of how the proposed acquisition aligns 
        to the multiyear technology investment plan developed under 
        section 1611;
            ``(3) a comparison of the total expected lifecycle cost 
        against the total expected quantitative and qualitative 
        benefits to transportation security;
            ``(4) an analysis of alternative security solutions to 
        determine if the proposed technology acquisition is the most 
        effective and cost-efficient solution based on cost-benefit 
        considerations;
            ``(5) an evaluation of the privacy and civil liberties 
        implications of the proposed acquisition that includes, to the 
        extent practicable, consultation with organizations that 
        advocate for the protection of privacy and civil liberties, and 
        a determination that the proposed acquisition is consistent 
        with fair information practice principles issued by the Privacy 
        Officer of the Department; and
            ``(6) confirmation that there are no significant risks to 
        human health and safety posed by the proposed acquisition.
    ``(b) Reports and Certification to Congress.--
            ``(1) In general.--Not later than the end of the 30-day 
        period preceding the award by the Administration of a contract 
        for any security-related technology acquisition exceeding 
        $30,000,000, 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--
                    ``(A) the results of the comprehensive acquisition 
                analysis required under this section; and
                    ``(B) a certification by the Administrator that the 
                security benefits justify the contract cost.
            ``(2) Extension due to imminent terrorist threat.--If there 
        is a known or suspected imminent threat to transportation 
        security, the Administrator--
                    ``(A) may reduce the 30-day period under paragraph 
                (1) to 5 days in order to rapidly respond; and
                    ``(B) shall provide immediate notice of such 
                imminent threat to the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committee on 
                Homeland Security of the House of Representatives.

``SEC. 1613. ACQUISITION BASELINE ESTABLISHMENT AND REPORTS.

    ``(a) Baseline Requirements.--
            ``(1) In general.--Before the Administration implements any 
        security-related technology acquisition, the appropriate 
        acquisition official of the Department shall establish and 
        document a set of formal baseline requirements.
            ``(2) Contents.--The baseline requirements under paragraph 
        (1) shall--
                    ``(A) include the estimated costs (including 
                lifecycle costs), schedule, and performance milestones 
                for the planned duration of the acquisition; and
                    ``(B) identify the acquisition risks and a plan for 
                mitigating these risks.
            ``(3) Feasibility.--In establishing the performance 
        milestones under paragraph (2)(A), the appropriate acquisition 
        official of the Department, to the extent possible and in 
        consultation with the Under Secretary for Science and 
        Technology, shall ensure that achieving these milestones is 
        technologically feasible.
            ``(4) Test and evaluation plan.--The Administrator, in 
        consultation with the Under Secretary for Science and 
        Technology, shall develop a test and evaluation plan that 
        describes--
                    ``(A) the activities that will be required to 
                assess acquired technologies against the performance 
                milestones established under paragraph (2)(A);
                    ``(B) the necessary and cost-effective combination 
                of laboratory testing, field testing, modeling, 
                simulation, and supporting analysis to ensure that such 
                technologies meet the Administration's mission needs; 
                and
                    ``(C) an efficient schedule to ensure that test and 
                evaluation activities are completed without undue 
                delay.
            ``(5) Verification and validation.--The appropriate 
        acquisition official of the Department--
                    ``(A) subject to subparagraph (B), shall utilize 
                independent reviewers to verify and validate the 
                performance milestones and cost estimates developed 
                under paragraph (2) for a security-related technology 
                that pursuant to section 1611(d)(2) has been identified 
                as a high priority need in the most recent multiyear 
                technology investment plan; and
                    ``(B) shall ensure that the utilization of 
                independent reviewers does not unduly delay the 
                schedule of any acquisition.
            ``(6) Streamlining access for interested vendors.--The 
        Administrator shall establish a streamlined process for an 
        interested vendor of a security-related technology to request 
        and receive appropriate access to the baseline requirements and 
        test and evaluation plans that are necessary for the vendor to 
        participate in the acquisitions process for such technology.
    ``(b) Review of Baseline Requirements and Deviation; Report to 
Congress.--
            ``(1) Review.--
                    ``(A) In general.--The appropriate acquisition 
                official of the Department shall review and assess each 
                implemented acquisition to determine if the acquisition 
                is meeting the baseline requirements established under 
                subsection (a).
                    ``(B) Test and evaluation assessment.--The review 
                shall include an assessment of whether--
                            ``(i) the planned testing and evaluation 
                        activities have been completed; and
                            ``(ii) the results of such testing and 
                        evaluation demonstrate that the performance 
                        milestones are technologically feasible.
            ``(2) Report.--Not later than 30 days after making a 
        finding described in clause (i), (ii), or (iii) of subparagraph 
        (A), the Administrator shall submit a report to the Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        that includes--
                    ``(A) the results of any assessment that finds 
                that--
                            ``(i) the actual or planned costs exceed 
                        the baseline costs by more than 10 percent;
                            ``(ii) the actual or planned schedule for 
                        delivery has been delayed by more than 180 
                        days; or
                            ``(iii) there is a failure to meet any 
                        performance milestone that directly impacts 
                        security effectiveness;
                    ``(B) the cause for such excessive costs, delay, or 
                failure; and
                    ``(C) a plan for corrective action.

``SEC. 1614. INVENTORY UTILIZATION.

    ``(a) In General.--Before the procurement of additional quantities 
of equipment to fulfill a mission need, the Administrator, to the 
extent practicable, shall utilize any existing units in the 
Administration's inventory to meet that need.
    ``(b) Tracking of Inventory.--
            ``(1) In general.--The Administrator shall establish a 
        process for tracking--
                    ``(A) the location of security-related equipment in 
                such inventory;
                    ``(B) the utilization status of security-related 
                technology in such inventory; and
                    ``(C) the quantity of security-related equipment in 
                such inventory.
            ``(2) Internal controls.--The Administrator shall implement 
        internal controls to ensure accurate data on security-related 
        technology utilization.
    ``(c) Logistics Management.--
            ``(1) In general.--The Administrator shall establish 
        logistics principles for managing inventory in an effective and 
        efficient manner.
            ``(2) Limitation on just-in-time logistics.--The 
        Administrator may not use just-in-time logistics if doing so 
        would--
                    ``(A) inhibit necessary planning for large-scale 
                delivery of equipment to airports or other facilities; 
                or
                    ``(B) unduly diminish surge capacity for response 
                to a terrorist threat.

``SEC. 1615. SMALL BUSINESS CONTRACTING GOALS.

    ``Not later than 90 days after the date of enactment of this 
subtitle, and annually thereafter, the Administrator shall submit a 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Homeland Security of the House of 
Representatives that includes--
            ``(1) a restatement of the Administration's published goals 
        for contracting with small businesses, including small and 
        disadvantaged businesses;
            ``(2) the Administration's performance record with respect 
        to meeting the goals referred to in paragraph (1) during the 
        preceding fiscal year;
            ``(3) if the goals referred to in paragraph (1) were not 
        met or the Administration's performance was below the published 
        goals of the Department--
                    ``(A) an itemized list of challenges, including 
                deviations from the Administration's subcontracting 
                plans, that contributed to the level of performance 
                during the preceding fiscal year; and
                    ``(B) the extent to which contract bundling was a 
                contributing factor to such level of performance;
            ``(4) an action plan, with benchmarks, for addressing each 
        of the challenges identified in paragraph (3)(A), which--
                    ``(A) was prepared after consultation with the 
                Secretary of Defense and the heads of Federal 
                departments and agencies that achieved their published 
                goals for prime contracting with small and minority 
                owned businesses, including small and disadvantaged 
                businesses, in prior fiscal years; and
                    ``(B) identifies policies and procedures that could 
                be incorporated by the Administration in furtherance of 
                achieving the Administration's published goal for such 
                contracting; and
            ``(5) a status report on the implementation of the action 
        plan that was developed in the preceding fiscal year in 
        accordance with paragraph (4).

``SEC. 1616. CONSISTENCY WITH THE FEDERAL ACQUISITION REGULATION AND 
              DEPARTMENTAL POLICIES AND DIRECTIVES.

    ``The Administrator shall execute the responsibilities set forth in 
this subtitle in a manner consistent with, and not duplicative of, the 
Federal Acquisition Regulation and the Department's policies and 
directives.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by striking the items 
relating to title XVI and inserting the following:

                  ``TITLE XVI--TRANSPORTATION SECURITY

                    ``Subtitle A--General Provisions

``Sec. 1601. Definitions.
   ``Subtitle B--Transportation Security Administration Acquisition 
                              Improvements

``Sec. 1611. Multiyear technology investment plan.
``Sec. 1612. Acquisition justification and reports.
``Sec. 1613. Acquisition baseline establishment and reports.
``Sec. 1614. Inventory utilization.
``Sec. 1615. Small business contracting goals.
``Sec. 1616. Consistency with the Federal acquisition regulation and 
                            departmental policies and directives.''.
    (c) Prior Amendments Not Affected.--Nothing in this section may be 
construed to affect any amendment made by title XVI of the Homeland 
Security Act of 2002 as in effect before the date of the enactment of 
this Act.

SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS.

    (a) Implementation of Previous Recommendations.--Not later than 1 
year after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit a report to Congress that 
contains an assessment of the Transportation Security Administration's 
implementation of recommendations regarding the acquisition of 
technology that were made by the Government Accountability Office 
before the date of the enactment of this Act.
    (b) Implementation of Subtitle B of Title XVI.--Not later than 1 
year after the date of the enactment of this Act and 3 years 
thereafter, the Comptroller General of the United States shall submit a 
report to Congress that contains an evaluation of the Transportation 
Security Administration's progress in implementing subtitle B of title 
XVI of the Homeland Security Act of 2002 (116 Stat. 2312), including 
any efficiencies, cost savings, or delays that have resulted from such 
implementation.

SEC. 5. REPORT ON FEASIBILITY OF INVENTORY TRACKING.

    Not later than 90 days after the date of the enactment of this Act, 
the Administrator of the Transportation Security Administration shall 
submit a report to Congress on the feasibility of tracking 
transportation security-related technology of the Administration 
through automated information and data capture technologies.

SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF TSA'S TEST AND 
              EVALUATION PROCESS.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit a report to 
Congress that includes--
            (1) an evaluation of the Transportation Security 
        Administration's testing and evaluation activities related to 
        security-related technologies;
            (2) information on the extent to which--
                    (A) the execution of such testing and evaluation 
                activities is aligned, temporally and otherwise, with 
                the Administration's acquisition needs, planned 
                procurements, and acquisitions for technology programs 
                and projects; and
                    (B) security-related technologies that have been 
                tested, evaluated, and certified for use by the 
                Administration are not procured by the Administration, 
                including the reasons for such failure to procure; and
            (3) recommendations--
                    (A) to improve the efficiency and efficacy of such 
                testing and evaluation activities; and
                    (B) to better align such testing and evaluation 
                with the acquisitions process.

SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

    This Act and the amendments made by this Act shall be carried out 
using amounts otherwise available for such purpose. No additional funds 
are authorized to be appropriated to carry out this Act or such 
amendments.
                                 <all>
```